59 Ga. 196 | Ga. | 1877
In the case of Gunnels vs. Deavours, 57 Georgia Reports, 179, the judgment entered upon the minutes of thi^ court was, “ that the judgment of the court below be reversed, unless tbe plaintiff shall consent to write off from the judgment the sum of fifty-one dollars and six cents, and in the event he shall do so, then the judgment of the court below to standjaffirmed.” When the remittitur' was returned to the court below, the condition was accepted and complied with, and this fact was recited in the order for entering the remittitur on the minutes of that court. At the same term, a motion was made to enter up judgment against Deavours, the defendant in error, for the costs of the former writ of error in this court. That motion was denied, and the denial of the same is the subject matter of the present writ of error.
Judgment reversed.