Cannon v. Cathcart , 1 Cole. & Cai. Cas. 84 ( 1799 )

Per Curiam.

The discharge ordered at last January term was conditional, and it was the duty of the defendant to have paid the costs to the plaintiff, without waiting for a demand, or the tender of a bill. If he is relieved now, it must be on payment, instanter, of the costs ordered last January term, and also the costs of the subsequent proceedings, including the costs of resisting this application.

Let him take the effect of his motion on those conditions.