Phelps v. Trustees of Berlin Township

OPINION

By WASHBURN, PJ.

The matter before the court is a motion on behalf of the appellant (the plaintiff below) to retax the costs in a proceedings in equity which was disposed of by this court in December of 1937. (See Phelps v Board, 26 Abs 298).

It seems to be agreed that appellant paid a stenographer for preparing a transcript of the evidence given in the Common Pleas Court, which transcript was used in the trial of the case in the Court of Appeals, and that appellant failed to call to the attention of this court, or of the clerk of courts, such items of expense at the time the costs were…