Boerner v. Cicero Smith Lumber Co.

Plaintiffs in error have filed a motion to recall the mandate issued in the case and to retax the cost so as to tax the item of $41.40 for the statement of facts on file, in which it is stated that the mandate had been returned to the district court of Lubbock county, but that the item above mentioned was not taxed as cost against the defendants in error, evidently having been omitted by the clerk of the Supreme Court in making up the cost bill.

An examination of the record shows that the statement of facts was in narrative ‘form, prepared by the court stenographer, and duly certified by him,…