Buntain v. Mosgrove

This was an action of assumpsit by the plaintiff in error against the defendants in error.

At the March term of 1859, of Piatt Circuit Court, judgment therein was rendered in favor of the defendants. At the same term the court made the following order in the cause:

“ And the court, being fully advised in the premises, orders that a new trial be granted herein, upon the plaintiff paying all costs heretofore made in this cause. It is therefore ordered-that the defendants recover of the plaintiffs their costs in this behalf expended, and that they have execution therefor.”

At the September term, A.…