Falls v. Hawthorn

Suit by Falls against Hawthorn, for the recovery of real property.

On the first trial there was a finding and judgment for the plaintiff. The defendant moved for a new trial on the payment of costs. The motion was granted, on condition that the defendant paid the costs in sixty days. After the expiration of the sixty days, but within one year after the rendition of the judgment, the defendant paid the costs, and moved for a new trial. The judge before whom the *445motion was made having been of counsel for one of the parties, the case was set down for hearing before another judge pending the…