
    JOHNSTON against PERKINS.
    IN ERROR*
    A. brings an action Of assumpsit before a justice of the peace against B. and recovers a judgment for a certain sum, from which B; appeals: the cause being afterwards tried in the condition pleas, a verdict and judgment was rendered, in favour of A. for the same sum* Held that A. was entitled to recover his costs since the appeal*
    This record was returned upon a writ of error to Crawford county.
    
      James W. Perkins brought'a suit before a justice of the peace against James Johnson-, and recovered a judgment on the 27th March, 1824, for fifteen dollars; from which Johnston appealed. The cause was afterwards tried in the common pleas, and on the 15th November, 1825, a verdict was rendered for the plaintiff for fifteen dollars. A motion was then made that judgment should bo entered without costs; which the court on argument dismissed, and entered judgment generally for costs. — This was assigned for error in this court.
    
      Selden for plaintiff in error*
    The defendant obtained a more favourable’ judgment than that of the justice, because if the interest to which the plaintiff would be entitled was added, the sum would be greater than fifteen dollars.
    
      Deri-ickson for defendant in error,
    was stopped by the court.
   Per Curiam.

We cannot say that any part of the judgment was made up of interest since the appeal* or that the appellant succeeded to the amount of a farthing. The interest being a small’ matter, the plaintiff may have abandoned it: and although a contrary presumption might be made to support a judgment, it cannot to reverse one. The judgment for costs is not only possibly, but probably right; and we are not to reverse on suspicion of error.

Judgment affirmed.  