While we are of opinion that costs should have been awarded tbe plaintiff in error in this case, and can conceive of no reason for tbe same not having been given, let alone giving of costs against him as was done, yet within tbe rule in Hewitt v. Ingham Circuit Judge 44 Mich. 153, we cannot review tbe discretion of tbe circuit judge even although we may think no discretion was exercised.

Tbe judgment will be affirmed with costs.