Fonda v. St. Paul City Railway Co.

This is a motion under G. S. 1894, § 5517, to remit this case without payment of costs, on the ground that the respondent is unable to pay them. Our construction of the statute is that, whether the costs in any given case shall be paid as a condition precedent to remitting the case and its further prosecution in the court below, is a question exclusively for this court. If the case is remitted without the costs being paid, no matter whether it is on the application of the respondent or appellant, it goes down for further proceedings in accordance with the opinion of this court, without…