When an officer who served a writ has received from the defendant the debt and a part of the costs, neglecting by mistake to claim the rest, which he was not authorized to relinquish, and the defendant, being informed of the mistake, has refused to pay any more, the action may be entered, and judgment taken for the costs that have not been paid.
DOE, C.J.
The plaintiff can recover the costs that have not been paid.
Judgment for the plaintiff.
FOSTER, J., did not sit: the others concurred.