
    Reed, in error, versus Tay.
    In a justice’s court, a denial to allow costs to the exact amount claimed* when a smaller amount is allowed, is not error.
    Tay brought an action against Reed in a justice’s court. Judgment was rendered on nonsuit for the defendant, Reed, who taxed his costs at $14,11. The justice rendered judgment for costs, $4,87. To correct that judgment, and to recover his whole bill of costs, Reed brings this writ of error.
    
      J. Hodsdon, for plaintiff in error,
    cites 5 Mass. 389; 7 Mass. 453 ; 12 Mass. 379.
    
      Peters, for defendant.
   Wells, J.,

orally,— No error of fact has been assigned. No fact, extra the record, has been proved. We must therefore regard the charge as an error of law. A denial to allow costs to the exact amount claimed, when some amount is allowed, is not error in law.

Judgment of the justice affirmed.  