Holland Trust Co. v. Farrow

We think the excuse presented by the plaintiff for not bringing this case to trial was sufficient to justify the denial of the motion upon plaintiff’s placing the case upon the calendar and paying ten dollars costs of motion. The order should, therefore, be modified by providing that upon the payment by the plaintiff of ten dollars costs of motion in the court below with, in ten days after the service of the order on the appeal, and noticing this case, and placing the same upon the calendar for the next circuit court, the motion to dismiss is denied; that, unless such costs are paid, and the-case noticed and placed upon the calandar, as aforesaid, then the order is affirmed; such modification to be without costs of this appeal.