
    Spence against White.
      
    
    Where the plaintiff recovered less than 50 dollars, the defendant was allowed to set off his costs against the amount recovered.
    The plaintiff having recovered less than fifty dollars, the defendant now moved to set off the costs against the sum recovered. -The"attorney for the plaintiff objected, because the whole of his costs were due, and the plaintiff had become insolvent.
    
      
       S. C., C. C. 67.
    
   Per Curiam.

The objection is not well founded, and th~ rule must be granted.

Rule granted. 
      
      а) Porter v. Lane, 8 Johns. R. 357. Wood v. Gibson, 1 Gowen, 597 Graham’s Prac. (2d edit.) 347-349.
     