
    R. F. Slaughter, Plaintiff in Error, vs. John Nininger, Defendant in Error.
    ERROR TO THE DISTRICT COURT OR RAMSEY COUNTY.
    [Same points decided in case of Babcock & Hollinshead vs. Scmborn & French, cmte. p. 141.]
    Smith & Gilman, Counsel for Plaintiff in Error.
    Brisbin & Bigelow, Counsel for Defendant in Error.
   By the Goiurt

— Elandbau, J.

This was an action on a promissory note, in which the Defendant allowed judgment to pass against him by default. lie now sues out a writ of error from this Court, complaining that the Clerk assessed the damages at too great a sum, and made allowances of items of costs and disbursements which were erroneous and unauthorized by law.

The case falls within the ruling we made in the case of Babcock & Hollinshead vs. Sanborn & French, decided at this term, which involved kindred questions, and must be determined the same way. Judgment affirmed.

Emmett, C. J., dissents.  