Dubois v. Thomas

Smith, Cl J.,

delivered the opinion of the court.

The judgment of the court below was reversed at the March, 1929, term of this court, and costs on appeal were adjudged against the appellee. 154 Miss. 286, 122 So. 495. He declined to pay the same, and execution against him therefor was returned nulla bona. The costs were then paid by the appellant. No mandate returning the case to the court below has been issued under rule of this court, No. 29, which is as follows:

“When costs are awarded in this Court against the appellee, and there shall have been a return of nulla bona to an execution…