Rose v. O'Brien

Lynch, President:

This is the sequel of the case of Rose v. O’Brien, 87 S. E. 378. Perhaps because the writ awarded in that casé prohibited the respondents from enforcing the judgment in favor of Gregory, rendered by the circuit court upon his appeal from the justice, that court refused the motion of Rose to enter therein a judgment in his favor for the costs incurred by him upon the appeal. He sued and obtained a judgment for the costs before a justice of Webster county, from which Gregory again appealed; and out of this proceeding has *281arisen the award of an alternative writ of mandamus, the…