Where a claim allowed by the commissioners upon the estate of a deceased insolvent is stricken by the administrator from the commissioner's report, and the claimant recovers, in an action at common law, judgment for his claim or any portion of it, the practice is to order the plaintiff's costs, as well as debt, to be added to the commissioner's report; the case falling within the spirit, if not the letter, of sect. 14, ch. 158, of the Rev. Stats. as to the disposition of the plaintiff's costs.
The court refused the motion, and ordered the plaintiff's costs to be added, together with the amount of the claim ascertained by judgment, to the commissioner's report; holding the case to be within the spirit, if not within the letter, of section 14, ch. 158, of the Revised Statutes, and adding, that the practice had always been in such cases thus to dispose of the costs.