
    David Wilcox versus Josiah Mills.
    Of costs for a trustee in a foreign attachment
    The defendant’s plea in abatement having been overruled, (vide ante, p. 218,) he now came into Court, and submitted to be ex amined on interrogatories agreeably to the statute of 1794, c. 65, § 6 On his examination, he was discharged, and moved for costs against the plaintiff.
   The Court

were of opinion that, within the equitable construction of the statute, he was not entitled to costs for appearing and pleading an insufficient plea in abatement; but that he was entitled to his costs for coming in this term, and submitting to an examination, on which he has been discharged; and his costs were directed to be taxed for this term only.  