State ex rel. Baker v. Second Judicial District Court

— Motion to tax costs under Section 1867 of the Code of Civil Procedure. Upon the dismissal of the proceeding under this title, (ante p. 238, 61 Pac. 882), counsel for defendants filed with the clerk of this Court a memorandum of the costs claimed to have been necessarily incurred therein, *426to be included in the judgment entered in this Court. This memoradum consists of three separate items, viz: Preparation of transcript, $5; printing brief, $3.75; and appearance fee $5. Counsel for plaintiff and relator now moves this Court to strike out and disallow the bill as a whole, on the ground that…