State ex rel. Von Phul v. Harrison

— The following facts are conceded by respondents’ demurrer to the relators’ application for the writ. ' An ■ appeal from a justice in the *347cause of McCormick v. Von Phul et al. was dismissed for want of prosecution by tbe St. Louis circuit court on March 16, 1891. A motion to set aside tbe dismissal was at once filed by tbe appellant, and was sustained at tbe next succeeding term by tbe following order entered of record.

“Tbe court, having duly considered tbe motion to set aside tbe order of dismissal herein, doth sustain tbe same on condition that plaintiff pay tbe costs of tbe February term,…