Gahagan v. Gugler

This is an appeal from the district court of Wheatland county. It involves only the part of a judgment pertaining to the allowance of costs. The matter giving rise to the cost bill, subject of this appeal, was before this court on a previous occasion. (Gahagan v. Gugler, 100 Mont. 599, 52 Pac. (2d) 150.) We will briefly review that proceeding in order to give a clearer understanding of the present appeal.

Plaintiff, Gahagan, prevailed in the district court in an action for wages, and thereafter filed his memorandum of costs. Two days later defendant filed a motion to tax costs; as a result of…