Opinion
Spring Sessions, 1840.
Brinckloe, for Elligood.
CERTIORARI.
In this case the judgment was affirmed and the execution set aside; and the question arose, whether the plaintiff in the certiorari could recover his costs.
The Court, considering themselves bound by the letter of the law (Digest 358,) refused costs to the plaintiff, and awarded them to the defendant in the certiorari.