Emigh v. Tinter

Judgment appealed from is affirmed except the part thereof awarding costs to appellees.

It appears from the record that appellees took testimony by deposition of several witnesses, which depositions were neither introduced in evidence nor used in any manner during the course of the trial. The expenses incurred in procuring these depositions were taxed as cost against the unsuccessful appellants.

Whether the expenses of procuring depositions may be allowed as taxable costs in a civil action rests in the sound discretion of the trial court.1 This court is committed to the proposition that a…