
    Williams against Sherman.
    Where a justice, in giving judgment for a plain tiff in a suitbeforehim, includes costs incurred on the part of the defendant, the judgment will be reversed as to the costs.
    Where, on a certiorari to a justices’ court, the judgment is affirmed in part, and reversed in part, costs in error will not be allowed on ei the side.
    IN ERROR, on certiorari to a justice's court.
    It appeared that one of the questions raised on the return to the certiorari, related to the credibility, as well as admissibility, of a witness sworn on the part of the defendant below, the plaintiff in error; but it is unnecessary to state the facts in relation to this point. The justice, in rendering judgment for the plaintiff below, included, in the costs, fees for swearing both the defendant’s and plaintiff’s witnesses.
   Per Curiam.

The credibility of the witness was a question for the justice, and we should not set aside the judgment on that ground, especially as it is very questionable whether he was properly admitted. But in the costs, the justice has allowed the costs of swearing the defendant’s witnesses. This was incorrect. The judgment must, therefore, be affirmed as to the damages, and reversed as to the costs, and no costs will be recoverable on either side. (8 Johns. Rep. 111. 13 Johns. Rep. 350. 460.)

Judgment affirmed»  