Guy

Murray, C. J., concurred.

*417 The first assignment of error rests upon the averment, that there was an excess in the judgment, by the calculation of interest and costs. This error, if it exists, cannot be attacked for the first time in an appellate Court. It should have been brought to the notice of the Court below, by motion to correct, or otherwise. The usual and best method of proceeding, in cases of foreclosure, is to appoint a master, to find and report the amount due, and then exceptions may be filed to the report, upon which the judgment of the Chancellor is given : and this may afterward be assigned as error. It is no error, however, for the Chancellor to make the calculations himself; but when he has done so, a mistake in calculation must be brought to his notice in some form analogous to that of an exception to a master's report. This will enable him to correct a mistake, if ho lias made one, or if the controversy turns upon a question of legal right, it will enable it to be clearly presented upon appeal.

The same rule must hold in regard to the taxation of costs. The party complaining must move, in the District Court, to retax, and thus obtain, distinctly, the…