Opinion
June Term, 1898.
Application granted, on condition that the respondents, within three days, give the appellant a consent that the appeal to the Court of Appeals may be withdrawn, without costs, if the appellant so elects, and that the respondents pay to the appellant the taxable costs accrued on appeal and all disbursements incurred by the latter, including the expense of any printing that has been had, and also the sum of ten dollars costs of this application; and in case the appellant elects to continue the appeal, then the respondents must give the appellant a consent that the cause may be set down for argument at such time as the appellant elects; and in case of failure of the respondents to comply with any and all of the conditions aforesaid, then the motion to resettle the order is denied, with ten dollars costs.