Opinion
January Term, 1848
N. Hill, jr. for the motion. J.E. Carey, for plaintiff in error.
THE COURT held, that the statue gives double costs to public officers on writ of error as well as in the Court of original jurisdiction. Also, that the Court did not lose jurisdiction until the remittitur should be filed in the Court below; and as that had not been done in this case, that the motion might be granted, on condition that the Attorney return the remittitur to the Clerk of this Court to be cancelled.
Rule accordingly.