Alendorf v. Stickle

The plaintiff must take costs according to his judgment, which is for the penalty. Godfrey v. Vancott, 13 John. 345.) It is peculiarly proper, in this case, that it *413should be so, for the bond is conditioned, among other things, to perform covenants; and the judgment ought to stand as security for further breaches. It would have been otherwise, had it been merely for the payment of money. (Van Antwerp v. Ingersoll, 2 Caines’ Rep. 107. 1 R. L. 515, 516.)

Motion denied.