Horan v. Varian

THE COURT.

On appeal by the defendant from a judgment in an action in partition, this court modified the interlocutory decree by striking out two whole paragraphs thereof and inserting new provisions in their stead. The interlocutory decree, as modified, was affirmed. The judgment was silent as to costs, but, through mistake and inadvertence, and contrary to the provisions of rule XXIII of this court, the remittitur, when issued, contained a provision that respondents recover costs on appeal. The appellant has made a motion to recall the remittitur for the purpose of striking therefrom the…