Martin v. Loeb & Co., Inc.

This is an original Petition for Mandamus to compel the trial judge to tax the costs against the losing party in a prior appeal.

On February 20, 1976, this Court reversed and remanded a directed verdict granted by the trial court to the plaintiff, D.L. Martin, Jr. Loeb and Co., Inc. v. Martin, 295 Ala. 262,327 So.2d 711 (1976). That decision ordered Martin to pay the cost of the appeal to the petitioner, Loeb. On March 15, 1976, Loeb served a motion to tax Martin with the cost of the court reporter's transcript, asserting that this was one of the costs of his successful appeal.

A hearing on the…