Peckham, J.
The question involved in this appeal has been ■ decided in this court in Braman v. Johnson (decided in October, 1863), in favor of the appellant. The respondent insists, however, that the court should not grant costs to the appellant of the appeal. I think the judgment should be reversed, and the cause remitted to the Supreme Court to proceed thereon, with costs of the appeal to this court to abide the event of the cause. The judgment is reversed upon those terms.
Judgment reversed.