
    Case No. 6,498.
    GODFREY v. GILMARTIN.
    [2 Blatchf. 340.] 
    
    Circuit Court, S. D. New York.
    Oct. 15, 1851.
    Admiralty- Appeals — Jurisdictional Amount— Interest — Affirmance—Costs.
    1. Where an action in personam is brought in the district court, in admiralty, on a money demand amounting to less than $50, but the-Iibellant’s claim, with interest, amounts to more than $50 at the time the decree is made by the district court, and he has a decree in that court for more than $50, an appeal lies to this court from such decree.
    2. On such appeal, the action becomes a plenary suit in this , court, and, if the decree is affirmed by this court with costs, full costs of this court may be taxed.
    This was an appeal [by Jonathan Godfreyl from the clerk’s taxation of costs. The suit was an action in personam, brought in admiralty, in the district court, on a money demand amounting to less than $50. The libellant’s claim, with interest, amounted to more than $50 at the time the decree was made by the district court, and he had a decree in that court for more than $50. After this court had, on appeal, affirmed the decree with costs, the clerk taxed full costs of this court against the respondent [Daniel Gilmar-tin], from which taxation he appealed.
   THE COURT

held that the case was one in which an appeal was allowed by law, and that, on the appeal, the action became a plenary suit in this court and carried full costs of this court  