The judgment below was for costs merely, and does not relate to a franchise or a freehold.

Ho appeal lies, therefore. Rev. Stat., Ch. lxx., § 41.

It is true the defendant below has joined in error, and so has consented to the appeal. The doctrine of Mollandin v. The Colorado Central Railroad Co. (ante, p. 173), however, is that such consent is ineffectual to confer jurisdiction. We are unable to follow those courts which announce a contrary doctrine. Appeal dismissed.