466 FEDERAL REPORTExI. �state, and does not undertakoto do so. When a borrower eomes into equity in Massachusetts, or in the circuit court, lie must do equity, as understood by the court in whieh he sues. If, then, the defendants held the notes for which the bond and mortgage are said to have been given, and if they were so given, there could be no redemption without pay- inent. �For these reasons the complainant is not entitled to the relief which she seeks. Bill dismissed, with costs. ���Stbafbb, Assignee, v. Caeb.* {District Court, 8. D. Ohio. April 7, 1881.) �1. Costs— Attoenbt's Docket Pbe— Rhv. St. § 824.— Jubt Tbial. �In a case which had been twice tried to a jury and the jury had each time disagreed, and at a subsequent term the case was dismissed, held, that under section 824 of the Revised Statutes, an attorney's docket fee of only five dollars is taxable. �2. Samb— "Trial Befoee a Jury"— Constructiow. �The phrase "trial before a jury," in said section, applies onlyto cases in which a controveisy is terminated by a verdict of a Jury and a judgment thereon. �Motion to Eetax Costa. �Bateman d Harper,iox moiiQTi, �J. F. Follett and Thos. Millikin, contra. �Swing, D. J. Peter Schwab was adjudicated a bankrupt, and plaintiff was appointed his assignee, and brought this suit to recover from the defendant assets of the estate of the bankrupt. In 1874 the case was submitted to a jury, which failed to agree and was discharged. In 1875 the case 'was again submitted to a jury, which, also failing to agree, was discharged; and in 1880 the plaintiEf came into court and dismissed his case. Upon such dismissal the costa were taxed against the plaintiff, including a, docket fee of $20, �♦Reported by Messrs. Florien Giauque and J. C. Harper, of the Cincin- nati bar. ��� �
