Ragland v. Cone

STOKES, Justice.

This cause was decided by this court and affirmed upon condition of a remittitur on the 28th of February, 1938, 114 S.W.2d 620. On May 11, 1938, appellant filed a motion for rehearing which was overruled. The remits titur was duly filed and, upon payment of the costs, minus an item of $69 hereinafter discussed, the mandate was issued and forwarded to the clerk of the trial court. Upon filing in this court by the appellee of a motion to re-tax the costs and eliminate the item of $69, the mandate was stayed and the case is now before us upon the motion to re-tax the costs.

The…