Legal Opinion

State ex rel. King v. District Court of the Second Judicial District

Montana Supreme Court

Decided January 14, 1901No. 1,536PublishedCited by 4 opinions

Certiorari by tbe state, on tbe relation of Silas F. King and others, to tbe District Court of tbe Second Judicial District and tbe judge thereof. Motion for retaxation of costs.

1Opinion of the Court

MR,. JUSTICE PIGOTT

delivered tbe opinion of tbe Court.

A writ of certiorari was quashed and this proceeding dismissed at tbe costs of tbe plaintiffs. (24 Mont. 494, 62 Pac. 820.) Tbe defendants having filed their memorandum of costs, tbe plaintiffs object each item therein contained and move that it be disallowed upon tbe ground that it is not a proper charge against them. No suggestion is made that any charge is unreasonable in amount, nor that tbe expense has not been actually incurred.

Tbe first item is $5 for tbe appearance fee of tbe defendants in this Court. Upon tbe authority of State ex…

2Cases cited4 opinions

  1. State ex rel. King v. Second Judicial District CourtMontana Supreme Court · 1900
  2. State ex rel. Baker v. Second Judicial District CourtMontana Supreme Court · 1900
  3. Ryan v. MaxeyMontana Supreme Court · 1895
  4. Waite v. VinsonMontana Supreme Court · 1896

3Cited by4 opinions

  1. State ex rel. Boyle v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
  2. State Ex Rel. Hall v. NiewoehnerMontana Supreme Court · 1944
  3. Gahagan v. GuglerMontana Supreme Court · 1936
  4. State Ex Rel. Snidow v. State Board of EqualizationMontana Supreme Court · 1932

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