The justice, in rendering judgment below, included both the plaintiff’s and defendant’s costs. For which cause, the judgment was Reversed*
Several judgments were reversed this term for this cause. It is the case, in fact, every term. The justice, in making up the costs, should be careful not to include any costs but those of the prevailing party. — But see 2 Sellon 267, Saund. Pl. and Ev. 769, — Ed.