¶1said that he considered the rule to be that if the costs were not paid by the second day of the term next after the granting of the new trial the judgment should be absolute, and he thought the rule should be rigidly enforced. . The parties then agreed to try the cause on the 28th of June, on which day, the costs not haviug been paid, the judgment was entered up absolutely.
4 D.C. 711
Howe v. McDermott
Decided March 15, 1836
Trover, for a slave. There was a verdict for the plaintiff at the last term. The Court, at that term, upon affidavits granted •a new trial upon the condition of payment of costs.
Decided 1836-03-15