
    The People, on the relation of S. Hale, and J. McClure vs. Onondaga C. P.
    A party resist. ingamandam. co™t, by re. l^ors^to plead" or demur, and subsequently joining in de. MetoThe^costs of the demurment°n ¿eing renderedin iors.°f the reIa"
    Motion for costs against party defending in a case of manc¡amus, Hale and McClure had obtained an alternative mandamus to the Onondaga common pleas, to vacate a rule in an appeal case granted by them, in favor of one Edmund Millard, the appellant below. On the coming in of the return v , ° . to the alternative mandamus, the relators were required on motion of Millard to plead or demur. They demurred and served a copy of the demurrer on the attorney of Mil^ai'd, wb° joined in demurrer, signing the joinder as “ Attor- and counsel for Edmund Millard appellant, on behalf °f the judges of the court of common pleas- in and for the county of Onondaga.” Subsequently a judgment was rendered in this court in favor of the relators and costs taxed, which having been demanded of Millard and not paid, an attachment was now asked for.
    
      H. F. Mather, for relators.
   By the Court,

Marcy, J.

This case is distinguishable from that of The People v. Jefferson C. P. (2Wend. 301.) There the parties opposing the mandamus had done no act beyond resisting the issuing of a peremptory mandamus on the coming in of the return; here the party opposing applied for a rule on the relators to plead or demur, and on being served with a demurrer put in a rejoinder. He thereby became an actor in the suit, and must be responsible for the costs, which he is ordered to pay, or to shew cause by the first day of the next term.  