Peabody v. Damon

*629OPINION OF THE COURT BY

FREAK, C.J.

The action in the Circuit Court was one to quiet title. The trial judge directed a verdict for the defendants, which was rendered, and a judgment was entered thereon for the defendants. The defendant, C. M. Hyde, had died before the commencement of the action, but the remaining defendants appeared generally. On the day on which judgment was entered these defendants took out execution for $8.50 costs in the action and for costs of execution, but the execution was returned satisfied the next day upon the plaintiff’s paying the costs. The plaintiff thereafter,…