
    Condit and Vanderpool vs. Neighbor.
    A party applying to amend a declaration after a special demurrer to it has been filed must pay costs.
    A special demurrer having been filed by the defendant, to the declaration, for several causes, some of which were merely formal and others went to the merits of the case,
    
      Wood, on behalf of the plaintiffs,
    moved to amend the declaration as to the formal matters.
    *The court granted leave to amend on payment of the costs of the demurrer.
    
      Wood observed, that if the party after the amendment thought proper to go on with the demurrer, then the costs ought to abide the event of the demurrer.
   By the Court.

The application to amend is an admission that the demurrer is well taken, and therefore the plaintiff must pay the costs of it.  