Opinion
April Term, 1898.
Order denying motion for new trial on newly-discovered evidence reversed and new trial granted upon appellant paying respondent, within ten days, the trial fee and disbursements of the trial and one-half of the extra allowance granted by the court, in which case the appeal from the judgment is dismissed, without costs, and the judgment vacated. If the defendant fails to make such payment, within the time aforesaid, then judgment and orders appealed from affirmed, with costs. No opinion. All concurred.