
    KELLOGG, TREASURER, v. GRAHAM.
    Costs ordered to be paid by a party on obtaining leave to amend his pleadings, should not be afterwards taxed and included in the final judgment — if they have been, and paid, the court will order a retaxation, and they may be recovered back.
    Costs ordered to be paid in the progress of a cause, are to be collected by process of attachment, not by judgment and execution at the will of the clerk.
    
      S. J. Andrews moved the court for a retaxation of costs in this case. The clerk, in taxing costs after judgment, included in the bill $23 20 costs, accrued between the filing of the pleas, and the filing of the amended pleas. It appeared that at August term, 1826, the defendant had leave to amend his pleas, upon paying all costs, ■ since filing the defective pleas. He filed his amended pleas, and the above costs were taxed against him. They were afterwards taxed again, and included in the judgment.
    
      Card, contra.
   By the Court.

A retaxation is ordered, and the clerk is directed to strike the $23 20, ordered to be paid by defendant, out of the bill; it was improperly included in it, and the plaintiff having paid it, will have a right to recover it back again.

Where costs are taxed in the progress of a cause, and ordered to be paid, they may be collected by process of attachment — not by judgment and execution, at the will of the clerk.  