
    COSTS,
    Blakeman & Luke vs. John Hays.
    
      Certiorari,
    
    At common law, costs can be awarded only against the unsuccessful party.
   In this case, there were mutual debts, between the parties, and the Jury, on the final trial, found a verdict, confirming the judgment of the Court, which was for the sum of three dollars and twenty-eight cents, in favor of the defendant; and they further found, that said defendant should pay the cost of the appeal. This is one of the grounds of error, assigned. It is a rule, in the trial of cases in Equity, that the jury may find the cost, against either party; but I know of no such rule, at common Law. There the cost must follow the finding. I am of opinion, therefore, that there was error, in the Jury’s finding a verdict in favor of the defendant,, and, at the same time, finding the cost against him.

It is, therefore, ordered, that the Certiorari be sustained, and a new trial ordered.  