Latham

In November, 1874, plaintiffs brought an action under th ¡ Act of March 28th, 1874, “levying a tax for' State purposes *387 for the twenty-fourth and twenty-fifth fiscal years, and to pro- ‘ vide for the enforcement thereof.” The action was against defendant for the sum of five and seventy-five one-hundredths dollars, tajees due for the twenty-fifth fiscal year upon certain real estate. After due proceedings had, a decree was entered by the Court below for the sale of the property, to satisfy said sum of five and seventy-five one-hundredths dollars, with twenty-five per cent, added thereto, and interest and costs of suit. Copy of the decree, as an order of sale, was issued to the Sheriff, and was by him returned wholly unsatisfied. On the 7th of February, 1876, the Court caused a judgment to be docketed against defendant for the amounts due under said decree, and ordered execution to satisfy the same out of the general property of the defendant.

The defendant, on the 14th day of May, 1878, paid the tax, percentage, and interest due on the judgment, but did not pay the costs of the action. This appeal is from the order of the District Court denying plaintiff’s motion for an…