RIVES, Circuit Judge.
After the jury had rendered a verdict for the defendant, and the plaintiff had moved for a new trial, the trial court, with defendant's consent but against plaintiff's objection, entered a judgment against the defendant for the sum of Five Thousand Dollars and one-half of the costs of the court, and denied plaintiff's motion for new trial. The plaintiff appealed, and the question to be decided is whether, under the facts of this case, the action...
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