Sanner v. Cook's Administrators

We take the rule to béj'that the appellee is exonerated from the payment of costs to the successful party, not only by the production against him of new facts on the second trial, but also by the production of new evidence of the same facts. The intent of the act of assembly appears to have been, by this forfeiture of costs, to prevent vexatious appeals, in cases in which a party otherwise, by withholding the'strength of his evidence, would be sure to obtain, on appeal, a reduction of the amount of the judgment against him. .Clearly, a party may rely upon the same facts, and yet make out a…