Howe v. Independence Consolidated Gold & Silver Mining Co.
TIMOTHY L. HOWE and JONAS S. SIMPSON v. THE INDEPENDENCE CONSOLIDATED GOLD AND SILVER MINING COMPANY
- Area
- civil
- Panel
- Silas S. Sanderson (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Sanderson
By the Court, Sanderson, C. J.
Orders of the Court below upon applications made under the sixty-eighth section -of the Practice Act will not be disturbed by this Court except in cases of gross abuse, where the power of the Court has been exercised in a manner which is calculated to defeat rather than advance the ends of justice, which', in our judgment, has not been done in the present case.
The order, however, is erroneous in not imposing the payment of - previous costs as a condition of setting aside the judgment. • In such cases the payment of costs is expressly required by the statute, and the order must be modified accord*75ingly. Thus modified, the order will be allowed to stand, but the respondents must pay the costs of this appeal.
Ordered accordingly and the cause remanded for further proceedings.