Austin v. Witmer

The defendants some time in April last made a motion before Mr. Justice Freedman to compel the plaintiff to accept an answer. The motion was granted “ upon payment of $10 costs of this motion ”, and an order to that effect was duly entered in said month of April. Thereafter, and in May, 1900, the answer was accepted by the plaintiff, but the defendants have never paid the costs. The said order of Mr. Justice Freedman failed to specify any period of time within which the costs were to be paid. The plaintiff now moves to amend the said order by “ inserting therein a provision that if the costs…