O'Driscoll v. M'Cants

After hearing arguments, the court refused to allow the costs in a qui tam action for the benefit of the public, ob= serving, that no man would bring actions or prosecutions for the public good., if he was liable to be mulcted in costs in case of failure, unless it was a most wanton abuse of *324s.uch an action, or where there were no grounds or probable cause.

Rule for taxing costs dismissed.

Present, Ghimke, Waties, Bay and. Johnson.