Van Antwerp v. Ingersoll

Per Gu/dam.

Tbe plaintiff must pay costs. 1 Rev. Laws, 530. This was a plea under tbe act authorizing set-offs. 1 Rev. Laws, 347.' Tbe statute is positive and peremptory that judgment must be for the balance only. The penalty, therefore, is immaterial on tbis point, for tbe judgment is tbe test by wbicb tbe costs are to be determined.