Gray v. Gray

Terry, C. J., and Field, J., concurring.

The remittitur in this case followed the decision of the Court, and is in strict conformity therewith. If any one "or more of the parties had desired a modification of the judgment, as to costs, the proper application should have been made within the ten days allowed for filing a petition for a rehearing.

It is objected on the part of Eaton, who makes this motion, that no bill of costs was filed in .this Court, as required by section 510 of the Code. We think that section does not apply to costs upon appeal.

The costs upon appeal are properly the costs in…