41 Mich. 1
Decided June 3, 1879
Michigan Supreme Court · decided 1879-06-03
Motion to dismiss appeal. A motion is now made to dismiss on account of non-payment of the costs then granted. It was shown in answer that the full costs have been tendered with $5 additional, but the moving party claims that he is entitled to more for his trouble in the matter.
A motion to dismiss the appeal made at a former term was… · Decided 1879-06-03
¶1We did not make the payment of costs a condition of retaining the appeal, and their non-payment -is no ground for a new motion. It is presumable that the appeal bond will fully provide for such liability. We think also that the party had no ground for refusing the tender made.
¶2This motion will be denied without costs to either party.