Opinion
January Term, 1901.
Motion to amend order by inserting therein a recital to the effect that the reversal was upon the law and the facts, granted upon condition that the respondent pay all the appellant's costs in the Court of Appeals before the argument, and disbursements incurred since and including the appeal to the Court of Appeals, provided the appellant elects, within ten days, to withdraw his appeal; and, if the respondent, in case of such election, refuses to pay such costs and disbursements within ten days after notice of the taxation of the same, then said motion is denied, with ten dollars costs. All concurred.