Winchester v. Jackson and others

Winchester v. Jackson and others. Costs in error. Costs will be allowed upon a dismissal of a writ of error, for want of jurisdiction, if the original defendant be also defendant in error. The writ of error was dismissed for want of jurisdiction, the parties not appearing upon the record to be citizens of different states. Campbell, for the defendants in error, prayed that the dismissal might be with costs, the original defendants being also defendants in error. The clerk stated that the practice had heretofore been to dismiss, without costs, where the dismission was for want of jurisdiction. [MAJORITY] The Couet directed it to be dismissed, with costs.