Sewell v. Lathop 51 N.Y. St. Rptr. 942

Order modified by striking out the words, “ with costs to abide "the event,” and inserting in lieu thereof the words, “upon payment of the costs of the trial; if such costs are not paid within twenty days, the motion for a new trial denied, with costs; ” and, as so modified, affirmed, without costs of the appeal to either party. See Bailey v. Park, 5 Hun, 41; Comstock v. Dye, 13 id., 113; Kelly v. Frazier, 27 id., 314; Roney v. Aldrich, 44 id., 320; 7 St. Rep., 669.