By the Court,
Sutherland, J.The party in interest is liable for the costs. Take a rule that James Wadsworth pay the same, or that he shew cause by the first day of the next term, why an attachment should not issue against him.
Motion granted.*
Parties in interest suing in the names of others, have uniformly been adjudged to pay costs. (20 Johns. R. 475. 2 Cowen, 460. 5 Cowen, 17.)