To compel respondent to set aside a judgment for costs to defendant, in a replevin suit brought in the Circuit Court for a number of articles, appraised at $241.60, all of which were taken on the writ, but plaintiff had a verdict for but two of the articles, valued at $22.

Denied December 24, 1896, with costs.

Held, that under How. Stat., Secs. 8964 and 8967 the recovery being less than $100, defendant is entitled to costs.