
    Anon.
    A LEANT
    January 1838.
    Where a judgment rendered after verdict is affirmed by default in open court, the defendant in error is entitled to judgment that he recover twice the amount of his taxed bill of costs ; but he can claim no more than single costs where the judgment was rendered on a report of referees.
    This was a writ of error brought. to reverse a judgment rendered by a court of common pleas on a report of referees. On the cause being called on the calendar, the defendant in error (the plaintiff below) appeared and took a default against the plaintiff in error, and moved for judgment of affirmance and for the costs allowed by statute on affirmance after verdict.
   Per Curiam.

Where the judgment affirmed was ren dered after verdict, the statute authorizes the court in its discretion to give judgment that the defendant in error recover twice the amount of his taxed bill of costs, 2 R. S. 618, § 33 ; and where the plaintiff in error in such case suffers a default on the cause being called on the calendar, we have directed a rule to be entered accordingly. But a judgment on a report of referees is not within the terms of the statute, and statutes giving costs are always construed strictly. The motion cannot be granted.  