Ex parte Root

The general practice, on denying motions of this kind, has been not to give costs, especially where the motion is merely ex parte. But where notice of the motion is given to the adverse party, which he opposes rightfully, as in this instance, and the law is plain against the relator, we see no reason why costs should not follow the denial. Such is the present case. The Common Pleas decided according to a known and well settled rule of practice.

Motion denied with costs