
    Murphy, appellant, v. Simmons.
    
      Oosts on appeal to county court.
    
    Defendant appealed to the county court from a judgment rendered hy a justice of the peace for $47.35, stating in his notice of appeal, that “ the judgment should have been more favorable to him, in that it should have been ” for four different amounts specified. The plaintiff made no offer to modify the judgment of the justice. In the county court the plaintiff recovered $35 damages only. Held, that the plaintiff was entitled to costs, and to have the amount thereof, as taxed by the clerk, inserted in the judgment.
    
      Held, also, that the cases of Putnam v. Heath, 41 How. 363, and Wadley v. Parris, 43 id. 83, were decisive of the question, and that a correct interpretation of section 371 of the'Code was given therein. “ Such interpretation has received the sanction of the court of appeals in Youngham.se v. Pingar, 47 ÍT. Y. 99, and indirectly of the general term of this court in the third department in 43 How. 359.”
    
      A. G. S. Allis, for appellant.
    
      Gray, Warren and Costello, for respondent.
   Gilbert, J.

The head-note gives the only point in the opinion.

Order reversed.'  