Seifert v. Schillner

Held, that the court has power under the present practice to and will compel a party who gives notice of trial and then fails to try the cause pursuant to notice, or countermand it in due season, to pay the costs of the term to the opposite party, who has omitted to notice the cause, but who attends in obedience to the call of the party noticing, prepared to try the case.

Order reversed, with ten dollars costs and disbursements.