Van Buskirk v. Balch

After trial to the court appellee had judgment against appellant December 18, 1899, for $87.'20 and costs. No appeal was prayed from, this judgment.

February 3, 1900, during the same term of court, appellant filed his motion to retax the costs; February 28 appellant filed his affidavit in support of this motion, and on the same date appellee his" affidavit in resistance. March 3, 1900 — still of the preceding December term — the court ruled upon this motion sustaining it in part. From this order appellant prayed, and was allowed, an appeal.

Appellant admitted, upon trial, his indebtedness to…