To compel respondent to allow full costs to defendant and. appellee, in a case tried in the circuit where defendant had judgment, but which case was certified to that court by a justice of the peace, on the ground that it involved a question of title to certain lands, but in the circuit no such question was. raised or tried, and the judgment of said court was rendered in favor of defendant, and for his actual disbursements.
Denied January 4, 1893, with costs.