The People against Hallett, Sheriff of Herkimer

The People against Hallett, Sheriff of Herkimer. The costs of for nonreturning an execujudgment* ^in bMst™an$250 must be taxed commonness costs. In the original suit, (<Spencer et al. v. Sprague ei al.) the plaintiffs recovered judgment in assumpsit, and had execution for damages to $191 24, and costs to $28 96, uPon which the defendant in this suit was attached for not ietu™n§ the execution ; and the only question was, whether there should be a re-taxation, the costs "against the defendant haying been taxed as Supreme Court costs, M. Hoffman, for the defendant, moved for a retaxation, and cited The People v. Chapman, Sheriff of Seneca, (1 Cowen’s Rep. 214.) W. Esleeck, contra. [MAJORITY — Curia.] Curia. This case comes within the principle of The People v. Chapman, cited for the motion. Though in form a suit by the people, it is really in favor of the party; and Common Pleas costs only aré allowable. The rule is the same, whether the attachment be for neglect to return mesne, or final process. Motion granted.