In this case the plaintiff is entitled to full costs, as the judgment recovered is more favorable than the offer. (Ruggles et al. agt. Fogg, 7 How. 324; Schneider
An order may be entered with the clerk of Jefferson county setting aside the taxation, and directing the clerk to tax the costs to the plaintiff. As the question is still one of doubt and difficulty, no costs will be allowed to either party on this motion.
From this decision the defendant appealed to the general term in the fifth district, and the cause was argued at the October term, 1865, and the decision of the special term affirmed. No written opinion was delivered.
Mullin, Bacon and Morgan, Justices.