Victor Gold & Silver Mining Co. v. National Bank of the Republic
Utah Supreme Court
Appeal from tbe district court of Juab county, Hon. E. Y. Higgins, Judge. Action by the Victor Gold & Silver Mining Company v. The National Bank of the Republic. Cause originally tried in 1895 and appealed, costs of appeal being paid by Brown & Henderson, attorneys for the then appellants. Judgment of reversal was entered with costs to the appellant.
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Appeal from tbe district court of Juab county, Hon. E. Y. Higgins, Judge. Action by the Victor Gold & Silver Mining Company v. The National Bank of the Republic. Cause originally tried in 1895 and appealed, costs of appeal being paid by Brown & Henderson, attorneys for the then appellants. Judgment of reversal was entered with costs to the appellant. From an order of the district court off-setting the judgment for costs against execution previously issued against the plaintiff, Brown & Henderson, attorneys for plaintiff, appealed, claiming a lien. So' far as this question of these costs is…
1Opinion of the Court
Baktch. J.
This case, of the Victor Gold and Silver Mining Co. against the National Bank of the Republic, was originally tried in 1895, and judgment entered in favor of the defendant.
It appears that on appealing the case the plaintiff was unable to bear the expenses, and that its attorneys furnished the money necessary to take the appeal. The appellate court reversed the case, remanded it for a new trial, and adjudged that the appellant should recover its costs to be taxed and have execution therefor. The costs *92were then regularly taxed at $242.88, but the clerk refused to issue execution, oil…
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