Sherman v. Mitchell

By the Court, Niles, J.:

The action was ejectment against a number of defendants. The plaintiff had a verdict and judgment. The defendants moved for a new trial, and on the 13th of February, 1872, an order was made granting the motion, upon the following terms, expressed in the order: “ On payment by the defendants of all costs herein up to date, and on payment of two hundred dollars, the costs for opposing this motion; that said payment be made in ten days; otherwise that defendants’ motion for a new trial be denied.” On the 12th day of April, 1872, the plaintiff moved for an order denying…