Highway Commissioners v. Hamilton Bros.

Per Ouriam.

The appellees recovered á judgment against the appellant which was reversed in this court and the cause remanded. 13 Ill. App. 358. After the case was reversed, but before any other steps taken in the Circuit Court, the appellees, who were plaintiffs below, paid the cost of the case including that made by appellants, defendants below, there then being no judgment against plaintiffs for the defendants’ costs. Subsequently the case was redocketed in the Circuit Court and was finally tried pro forma it is said — there being no witnesses in attendance — by the court, and formal…