National-Ben Franklin Fire Insurance v. Darby

ON MOTION TO TAX COSTS.

Guerry, J.

The judgment in this case was affirmed on condition that defendant in error write off the amount recovered as attorney’s fees. Motion is made that this court tax costs for bringing the case to this court upon the defendant in error upon the ground that there has been a substantial modification of the judgment of the court below. We recognize the fixed principle that where the judgment of the trial court has been affirmed by the Supreme Court, with direction to amend the judgment in a designated way, “otherwise it will be reversed,” is such a judgment as…