61 Me. 105
Me.
1872
Dan FORTH, J.

An heir appealing from an allowance by commissioners of insolvency is liable under R. S., c. 66, § 11, to have costs awarded against him if the creditor recover, though the amount may be less than that awarded by the commissioners.

In such case the claimant is the prevailing party.

Exceptions overruled.

Appleton, C. J.; Walton, DicKERSon, and Barrows, JJ., concurred.