neutral
Cited (no substantive treatment)
0.5 score
Retrieving the full opinion text from the archive…
Ethan Brewer, and another, ex'rs, &c. in error
v.
Clark Brewer
v.
Clark Brewer
Cone, for the motion., Dawson, contra.
Lumpkin.
Cited by 5 opinions | Published
By the Court.
Lumpkin, J.delivering the opinion.
[1.] This Court decided, at an early day after its organization, that the payment of costs by .the party complaining, in the Court below, was not a condition precedent which the record must show had been performed, before we could take jurisdiction of the cause. If the cost is not paid, the defendant in error may cause execution to issue, and proceed at once to make it in the Court below.