Henderson v. State ex rel. Baldwin

On Petition for a Rehearing.

Howk, J.

On the 8th day of January, 1884, the judgment below in this cause was reversed by this court at the costs of the appellee’s relator, the attorney general of the State at the time the suit was commenced. Since then, an earnest petition has been filed, by and on behalf of the at*444torney general, wherein we are asked to set aside our judgment against him for costs. The point is made that “ the-State is not liable for costs, and when the State institutes an action, on the relation of the attorney general or other public officer, such officer is not liable for…