Spikes v. Hibbard

Upon the reversal of the trial court’s decree in this case the costs were assessed against the appellees pursuant to the usual practice under Supreme Court Rule 24 (b). The appellees have filed a motion to retax the costs, contending that the appellants needlessly enlarged the record by designating for inclusion therein all the testimony taken below. The motion presents, as a matter of first impression, a point involving Act 555 of 1953.

That statute reads in part: “Section 12. Record to he Abbreviated. All matters not essential to the decision of the questions presented by the appeal shall be…