
    Beeker against Platt.
    In an action of covenant for the non-payment of rent reserved in a lease, if the plaintiff recovers judgment for less than 250 dollars, he is entitled only to the costs of the common pleas.
    THIS was an action of covenant fur the non-payment of rent, reserved in a lease, brought by the lessor against the lessee, in which the plaintiff recovered judgment for less than 250 dollars, and had full costs of this court taxed.
    J. V. D. Scott,
    
    for the defendant, now moved- for a re-taxation, on the ground that the plaintiff was entitled only to costs, as in the court of common pleas.
    
      Van Buren, contra.
   Per Curiam.

There must be a relaxation of the costs. The .plaintiff is only entitled to costs as in the court of common pleas.

Rule granted.  