
    Murray against Smith.
    
    Where a cause was removed from an inferior court by habeas corpus, and the plaintiff filed his declaration, and entered a rule to plead, and a procedendo was issued for want of bail, the plaintiff is not entitled to the costs in this court.
    This cause had been removed -into this court from the common pleas, by a habeas corpus, and the plaintiff filed a declaration and entered a rule to plead. But no bail having been put in by the defendant in this court, a procedendo issued, and the plaintiff obtained a judgment in the common pleas. It was submitted to the court, whether the plaintiff was entitled to the costs in this court.
    
      
      
         S. C., C. C. 71.
    
   Per Curiam.

The plaintiff is not entitled to have the costs of the declaration and rule to plead, taxed against the defendant, as those proceedings were unnecessary, until the defendant had put in bail pn the return of the habeas corpus.  