Sim v. Pindell

A former action brought by this defendant against these plaintiffs came to trial at the Rensselaer Trial Term, and was moved for trial by the defendants in that action, the plaintiffs here. Thereupon the plaintiff in that action moved to discontinue, “ on .payment of costs to date.'' The defendants in that action opposed the motion, but their opposition failed, and an order was made February 6, 1930, on the motion of the plaintiff therein, absolute in form, discontinuing the action, granting taxable costs to the defendants and also such additional allowance as should be thereafter allowed on…