Equator Mining Smelting Company v. Hall

The section of the Code of Colorado under which this motion was made reads as follows:

'Whenever judgment shall be rendered against either party     under the provisions of this chapter, it shall be lawful for      the party against whom such judgment is rendered, his heirs      or assigns, at any time before the first day of the next      succeeding term, to pay all costs recovered thereby, and,      upon application of the party against whom the same was      rendered, his heirs or assigns, the court shall vacate such      judgment and grant a new trial in such case, but neither      party shall have but one new trial in any case, as of right,      without showing cause. And after such judgment is vacated, the cause shall stand for trial the same as though     it had never been tried.'

H. M. Teller, for plaintiffs in error.

No appearance for defendants in error.

MILLER, J.