
    OLSON vs. CIRCUIT JUDGE (Wexford),
    No. 11992.
   To compel vacation of order granting costs.

Denied July 21, 1891, with, costs.

Relator, as administrator,, sued one Cummer, in case for negligence and had a verdict and judgment. Satisfied that the declaration was defective, respondent set aside the judgment and verdict, and gave defendant costs as for a trial and made payment thereof a condition precedent to a new trial. No question had been raised as to the sufficiency of the declaration until the presentation of the requests to charge.  