Holmes, J.
The defendant was entitled to costs by reason of the plaintiff’s having discontinued the action, and so it was adjudged when this case was here before. Derick v. Taylor, 171 Mass. 444, 447. See Smith v. Pike, 160 Mass. 24, 26. The complaint for failure to prosecute the appeal was a step in the cause, not an independent proceeding, and may result in the affirmance of the original judgment. Pub. Sts. c. 155, § 34. It follows that costs properly were taxed after the discontinuance.
Taxation affirmed.