Gregory v. Brown

OPINION of the Court, by

Ch. J. Bovin.

The defendant, in the capacity of á justice of the"'peacc, gave" jy^gjuent in favor of the plaintiff against one Thorp, fori the costs of a suit by warrant j but having at a subse-queht day so altered the judgment as to make each par--. pay ⅛⅛ 0Wn cost, the plaintiff being previously summoned to shew cause against such alteration ,* he refused, on the application of the plaintiff, to issue an execu-Up0n the first judgment. For that refusal the brought an action upon the case ; and the question now tó be decided is, whether the action is maintainable or not…