Smith v. Martin

By the Court,

Nelson, J.

[591] Where proceedings are stayed upon an execution until the decision of a non-enumerated motion, and the motion is denied, and the advertisement has been continued in the mean time, the party against whom the process issued is liable to pay the expense of the advertisement; but he is not so liable where the proceedings are stayed for the purpose of enabling the party to move for a new trial on a case made. Let there be a relaxation of the costs.