Jenkins v. Corwin

This was an action by Allen Make-peace, against the appellants and others, to foreclose a mortgage. Judgment of foreclosure was rendered, in favor of the plaintiff", at the July term of the court of common pleas, in the year 1870.

Afterwards, at the July term of said court, in the year 187.1, some of the defendants in the original action appeared in that court and showed that they had paid the costs in that action, and moved that a new trial he granted to them, as a matter of right, under the provisions of section 601 of the code. 2 R. S. 1876, p. 252. No order is contained in the record, as…