#### L. P. ELLIOT v. G. T. TYSON.

Practice — Appeal from Judgment for Oosts.

Where nothing- is involved except costs, an appeal will not be allowed.

PROCEEDINGS, under section 1756 of The Code, commenced before the Clerk of the Superior Court of Pitt County, to settle a controversy between a landlord and a tenant, and heard on appeal before Bynum, J., and a jury, at March Term, 1894, of Pitt Superior Court. The defendant appealed.

Messrs. J. B. Batchelor and T. J. Jarvis, for plaintiff.

Messrs. Shepherd & Busbee, for defendant (appellant).

EaiRcloth, C. J.:

In this action the parties settled their matters by paying and receiving from each other, according to the contract. At the conclusion-of the trial, the court rendered a judgment in favor of the plaintiff and against the defendant for costs only, and'- the defendant appealed. When nothing is involved except costs, an appeal will not be allowed. Clark’s Code, 560; Futrell v. Deans, at this erm. W hen the subject matter of the action has been *185lost, destroyed or adjusted between tbe parties, an appeal will not be allowed for costs only. State v. Byrd, 93 N. C., 624.

Appeal Dismissed.