
    Sarah M. Monroe v. Theodore Auguste Heintzman, John D. Standish and Charles H. Freeman.
    
      Costs on eertiora/ri seeu/red by bond in replevin.
    
    A replevin bond covers tLe costs of all courts even tLougL the case be removed on certiara/i'i from before a justice, if a final judgment on writ of error awards all costs below.
    Error to'Wayne.
    Submitted April 6.
    Decided April 13.
    Debt on bond. Sarah M. Monroe was assignee of a replevin bond to Jane Sterling, upon which Standish & Freeman were sureties for Heintzman, the plaintiff in replevin. The suit began before a justice, and was taken on 
      certiorari to the circuit from which it was removed on writ of error to the Supreme Court, where the defendant prevailed, and the judgments below, both of which had been in favor of the plaintiff, were reversed, with costs of all the courts: Stirling v. Heintzman 42 Mich. 449. The assignee of the bond recites these facts in her declaration, and claims to be entitled to recover the costs adjudged against Heintzman. Defendant Standish demurred to the declaration on the ground, among others, that he was not liable for costs of the Supreme or circuit court. The case was heard on demurrer, and judgment given thereon for the defendant. Plaintiff brings error.
    Reversed.
    
      James H. Pound for plaintiff in error.
    
      Certiorari proceedings are not a new suit: Fisher v. Thirkell 21 Mich. 1; Dunn v. Sutliff 1 Mich. 24; Smith v. Crouse 24 Barb. 436; Bennet v. Rathbun 17 Johns. 37; Volk v. Youngs 1 Cow. 425; Brabon v. Pierce 34 Mich. 39; Bennett v. Brown 20 N. Y. 102; Robinson v. Plimpton 25 N. Y. 484.
    
      Moore, Canfield & Warner for defendant in error.
    Distinction is made between an appeal and proceedings on certiorari: Fenno v. Dickinson 4 Den. 84; sureties on a replevin bond are not liable for costs of the Supreme Court on error: Clark v. Quackenboss 28 Ill. 112; Hinckley v. Kreitz 58 N. Y. 583; Babbitt v. Finn 101 U. S. 7.
   Graves, J.

This is a writ of error brought to reverse a judgment given for the defendant on demurrer to the declaration. The case is governed by McLean v. Isbell 44 Mich. 129.

The judgment is reversed and the demurrer overruled with costs. The cause must be remanded for further proceedings, and my brethren are of opinion that the court' below may in its discretion permit the defendant in error to plead over.

The other Justices concurred.  