
    WHITE against LACY and COOKE.
    Full costs allowed on judgment for $44.86, in a cause removed by habeas corpus, as the affidavit for bail exceeded $100.
    This action was commenced in the Burlington Common Pleas by capias, on an affidavit to hold to bail in a sum exceeding one hundred dollars, and removed by defendants to this court by habeas corpus. The plaintiff recovered in this court, $44.86. The question submitted to this court, was whether the [*] plaintiff was to recover any, or what costs ? The affidavit on which the capias was issued, was in the usual form to hold to bail, and marked as such. It was admitted that it set out the facts required by the 40th section of the justice’s act; that is, that the plaintiff believed that the sum due, exceeded one hundred dollars. Eor the plaintiff was cited, Pat. llf.9, 258, 820.
    
    
      L. H. Stockton, for plaintiff.
    
      W’limine, for defendant.
   By the Court.

The affidavit contains all the requisites set out in the 40th section of the justice’s act, and was duly filed, according to the direction of that section. There was no necessity for two affidavits to the same fact; we are all of opinion, that the plaintiff would have been entitled to costs in the Common Pleas, had the cause been decided there; and that he cannot be in a worse condition by the defendant’s moving the cause to this court.

Eull costs ordered to be taxed.  