
    The Louisville, New Albany and Chicago R. W. Co. v. Francis.
    
      8. C. Willson and L. B. Willson, for appellant
   Worden, J.

Motion to re-tax costs.

We are of opinion that the docket fee of four dollars, provided for by the 5th section of the act of March 5th, 1859, 1 R. S. 1876, p. 775, can only be taxed to the losing party in this court; and that, whether it can be collected of him or not, the winning party can not be compelled to pay it.

Ordered accordingly.  