By the Coiirt,
'Woodworth, J.The plaintiff being entitled only to'common pleas costs, has no right to tax the defendant with supreme court costs in consequence of a case made, or other incidental services in the progress of the suit. The same rate of charging must be preserved throughout. The costs having been taxed on á defective notice, a retaxation is ordered at the expense of the plaintiff, and the motion is granted, with cbsts.