Murray v. Ebright

"Worden, J.

This was an action by the appellant, Murray, against the appellee, Ebright, and one Sabin, to recover the value of a horse claimed to have been sold and delivered by the plaintiff to the defendants. Sabin made default, but Ebright pleaded to the action, and on trial there was a verdict against him in favor of the plaintiff. 'This verdict, however, was set aside, and a new trial granted to Ebright upon his paying certain specified costs. Objection is made, in various ways, that the appellee should not have had the benefit of the order granting him a new trial, because the costs were…