Houghton v. Gardner ( 1846 )

Beardsley, Justice.

Held that the plaintiffs were entitled to the balance of the costs, and that they might elect which way they would collect them, either to make up a new record and include the costs in it, or take a precept. Plaintiffs’ counsel elected to take a precept, and the rule was entered that the defendants pay $53.10, with $10 costs of this motion, in twenty-days after service of the order, or that a precept issue therefor.