Opinion
February Term, 1900.
Order of December 16, 1899, modified so as to provide that the plaintiff have leave to discontinue the action upon payment of the defendant's taxable costs and disbursements therein up to December 4, 1899, including twenty-five dollars additional allowance, to be taxed, and as thus modified affirmed, with ten dollars costs and disbursements of this appeal to the appellant; and as incidental thereto the order of December 23, 1899, be, and the same is hereby vacated upon payment by the defendant of the ten dollars costs therein directed to be paid by him. All concurred.