
    SUPREME COURT.
    Saratoga and Washington Railroad Co. agt. McCoy and others, School District Trustees.
    The opinion of Mr. Justice Hand, in Barber agt. Crossett, (6 Howard’s Pr. P. 45,) holding that where an officer, sued as such, succeeds in the action, he is entitled to double costs} affirmed in this case, at general term, January, 1854, 4th District.'
    
      Montgomery General Term,
    January, 1854.
    Present Justices Hand, Cady, Allen and James.
    
      Motion for double costs. The action was brought to recover certain property taken and sold by virtue of a tax warrant, issued by the defendants as trustees of School District No. 1, in the town of Fort Edward. Upon the trial of the action, at the Washington county circuit, held in February last, the plaintiffs were non suited.
    The defendants, at the last Schenectady special term, moved for double costs, and on account of the conflicting decisions, at special term, on the subject, the justice who held that term, made an order sending the motion to this term ior decision.
    Wait & Parry, for Defendants.
    
    Wm. L. F. Warren, for 'Plaintiff,
    
   The Court, (James, Justice,)

after consultation, granted the motion, (Cady, Justice, dissenting,) adopting the opinion of Justice Hand, in the case of Barber agt. Crossett, (6 How. Pr, R. 45,) and holding that when an officer, sued as such, succeeds in the action, he is entitled to double costs. That section 24, 2 R. S. 617, is not repealed by section 303 of the Code; nor is it inconsistent with section 468, but is in full force and effect.  