
    BELKNAP.
    Thompson v. Crooker.
    When an officer who served a writ has received from the defendant the debt and a part of the costs, neglecting by mistake to claim the rest, which he was not authorized to relinquish, and the defendant, being informed of the mistake, has refused to pay any more, the action may he entered, and judgment taken for the costs that have not been paid.
    Assumpsit, on a note. The officer who served the writ received from the defendant, and gave him a receipt for, the amount of the note and the officer’s fees, omitting by mistake to claim the fee for the writ. - Before entry of the action, the defendant, being informed of the mistake, refused to pay any more.
    Thompson, for the plaintiff.
    Whipple, for the defendant.
   Doe, C. J.

The plaintiff can recover the costs that have not been paid.

Judgment for the plaintiff.

Foster, J., did not sit: the others concurred.  