RIDDLE AND COMPANY v. MANDEVILLE AND JAMESSON

RIDDLE AND COMPANY v. MANDEVILLE AND JAMESSON. The court below upon a mandate on reversal of its judgment may award execution for the costs of the appellant in that court. Nothing having been said respecting the costs, the court below had . not issued execution- for the costs of the appellant. A MANDATE had been issued upon the reversal of the decree in' this case at the last term, in which, « this court, proceeding-to give such, decree as the said circuit court ought to have given, doth decree and order, that the defendants pay to. the plaintiffs the sum °f 1,500 dollars, that being the amount of the note in the bill mentioned, together with interest thereon from the time the same became due, you are hereby commanded, that such execution-and proceedings be had on the said decree of the said supreme court, as, according to equity and justice, and the laws of the United States, ought to he had, the said writ of error notwithstanding.” E. J. Lee moved the court for a further mandate to the court below, to award the CQsts of. that court. [MAJORITY — Marshall, Ch. J.] Marshall, Ch. J. The court below, is always competent to award costs in a chancery suit iti-that court, and, m case of a mandate, may issue execution herefor.