¶1THE transcript of a justice’s judgment in this case, as shown on appeal to the Circuit Court, commenced as follows: “ Jesse Davar, assignee of Thomas Grimes, v. William Moberly. Debt on note for 24 dollars; interest 5 dollars and 55 cents.” Held, that the transcript showed, with sufficient certainty, what was the cause of action.
¶2When a new trial is granted on the payment 'of costs, the right to the new trial is forfeited if the costs be not paid.