
    
      Miller vs. Pentecost
    
    ('llANC'EK
    Error lo tho Trigg Circuit; Hknj. Shackelford, Jadgt.
    
      Costs. Answer. Chancery practice.
    
    April 7.
    On a dismissal cf a hill at complainants instance, after answer filed, it is eTror. to give cosí.? against Hie defendant.
    
   Judge Buckner,

delivered tfie opinion the court.

Pentecost filed a bill in chancery, against Miller, which was dismissed on bis motion, after answer filed, but without costs. On the next day, the circuit court erroneously entered a decree in his favor for costs, and Miller prosecutes this writ of error, to reverse it. The court, we have no-doubt, intended to give a decree for costs, in favor of the plaintiff in or ror; and that it was entered, as it stands, by mistake; but we are bound to take the record as true.

Monroe, for plaintiff.

The decree must lie reversed with costs, and the &c. cause remanded to the court below, with directions to enter a decree for costs, in favor of Miller.  