
    Case No. 10,619.
    OTTS v. JONES.
    [2 Cranch, C. C. 351.] 
    
    Circuit Court, District of Columbia.
    Oct. Term, 1822.
    Costs — Payment op Judgment by One Defendant — Evidence in Favor op Defendant.
    If there are several actions against the maker and indorser of a promissory note, and judgment for the debt and costs be rendered against the maker; who pays the same, the indorser will not be permitted to give evidence of such payment by the maker, until the costs be paid in the action against the indorser.
    Assumpsit against the indorser of a promis-note. Judgment had been rendered against the maker, who paid it, with costs. Mr. Lear, for defendant, contended that the plaintiff could not recover costs in this case; but sory
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   THE COURT

refused to permit the defendant to give evidence of payment since the suit was brought, until the costs should be paid in the present case.

The defendant then confessed judgment for costs.  