This is a case of contested election. It is not a civil case. The Lake Erie, &c. Co. v. Heath, 9 Ind. 558, But costs follow the judgment, by the general statute, only in civil cases. 2 R. S. § 396, p. 126.

A contest of an election is a special proceeding-, and *255must be controlled by the statutory provisions and regulating it, as to the costs therein. authorizing

The judgment is affirmed, with costs.