Flanders v. Town of Merrimac

This is an appeal from so much of an order changing the place of trial as required the plaintiff to pay certain costs, amounting to the sum of $27.85, as a condition of granting the order. The plaintiff excepted to the decision of the court making the order conditional upon the payment of said costs, but paid the same, and then took the order changing the place of trial.

It is insisted by the appellant, that he was entitled to have such order without the payment of any costs. The application for the change was made at the first term after the cause was at issue, and before any continuance of…