
    Z. S. Spore v. Samuel Leeper.
    At the October Term, 1880, of the district court of Harvey county, plaintiff Leeper recovered a judgment against Spore for $9.25 damages and costs, taxed at $100. Thereafter, at an adjourned term, the court granted defendant a new trial, and ordered that defendant pay all costs up to the time of granting the same. Spore brings the case here.
    
      A. L. Greene, for plaintiff in error.
    
      J. W. Ady, for defendant in error.
   Per Curiam:

The judgment of the court below in this case will be reversed, upon the authority of the case of the N. C. C. M. & S. Co. v. Eakins, 23 Kas. 317; and the cause will be remanded to the court below for further proceedings.  