
    William Hogg, ex dem. Silas Hodges et al. against Erastus Wolcott, Tenant.
    Upon granting a new trial, the Court will not tax costs against the adverse party from the cOmmencement of the suit, but merely those costs' which have accrued after the granting of the new trial.
    COSTS on new trial in ejectment.
    This cause, after being several terms in the County Court, came by appeal to the Supreme Court, and was tried February term, 1800. Verdict for the plaintiff. At the May adjourned term of this Court, ,1800, defendant Wolcott filed his motion for new trial, grounded upon the recent discovery of new and material evidence. New trial was granted and had this present term, when the Jury found a verdict for the defendant; and now defendant moved for his costs to be taxed from the commencement of the suit in the County Court.
    
      Chauncey Langdon conceded, that if the new trial had been granted by reason of the misconduct of his client, the plaintiff, full costs might have been taxed; but e contra where the new trial was granted on account of the misfortune of the defendant, occasioned by his ignorance of certain material evidence.
    Langdon, for plaintiff.
    .----for defendant.
   Per Curiam.

The new trial was granted solely upon the discovery of new and material evidence. Here was no misconduct in the plaintiff. Let costs be taxed for the defendant, solely from the commencement of the new trial.  