The plaintiff must pay costs to the defendant, It is true, the suit could not he brought in a Justice’s Court, the whole accounts of both sides exceeding $400. But the plaintiff, in order to recover costs, must have have sued in the Common Pleas. Ill assumpsit, the plaintiff can m no case have costs in the Supreme Court in a suit originally brought there, unless he recovers more than $50 damages.
Rule accordingly.(a)
See 1 R. L. 344, s. 4, 5, and sess. 47, ch. 238, s. 1, 33.