
    Talcot against Woodruff, Sheriff, &c.
    On a notice for a judgment as - in case of non-suit, for not proceeding to trial, in an action against a sheriff, where the plaintiff is entitled to stipulate, he is not bound to pay double costs on making the stipulation.
    GRISWOLD, for the defendant,
    moved for judgment as in case of nonsuit, for not proceeding to trial.
    Kirkland, contra,
    offered to stipulate to try the cause at the next circuit, or be nonsuited, and the only question Was, whether, as this was an action against a sheriff, the defendant was entitled to double costs.
   Per Curiam.

The defendant is not, in this case, entitled to double costs ; the statute gives double costs in suits against sheriffs, &c. only where a verdict is given for the defendant, or the plaintiff becomes nonsuited, or suffers a discontinuance.

In the present case, the cause has not been tried, nor hag the party become nonsuit or discontinued. 
      
      
        Laws of N. Y. v. 1. p. 234.
     