Talcot v. Woodruff

Per Curiam.

The defendant is not, in this case, entitled to double costs ; the statute* gives double costs in suits against sheriffs, &c. only where a verdict is given for the defendant, or the plaintiff becomes nonsuited, or suffers a discontinuance.

In the present case, the cause has not been tried, nor hag the party become nonsuit or discontinued.

Laws of N. Y. v. 1. p. 234.