Supreme Court of Alabama June 15, 1859 (Screws v. Upshaw)

It. W. WALKER, J.

The effect of the order made by the court, upon the motion for a new trial, was, that the judgment in favor of Upshaw was to stand, unless Screws should pay all the costs in four months.

By virtue of his office, the clerk was authorized to receive the costs, the payment of which was the condition upon which the new trial was granted.