Jenkins v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 93 — MOTION FOR RETAXATION OF COSTS The fees of the stenographer are properly taxable as part of the costs in the lower court and not in this court. Ky. Stats, sec. 4637, 4642, 4643, 4644. The stenographic record constitutes a part of the record in this court and the fees for same are properly taxable here. under section 891 of Ky. Stats.
1Opinion of the CourtChief Justice Hazelrigg
The question raised on this motion for a retaxation of costs is whether the fees of the official stenographer for -making a transcript of the testimony heard on the trial *738below are to be taxed in this court as part of the costs of the appeal, or are to be taxed in the lower court as part of the costs in that court. If here, then appellant, when he secures a reversal, is entitled to recover such fees as part of his costs on the appeal; whereas, if they are to be taxed as general costs in the suit in the lower court, their ultimate payment will depend on the final result of the suit. After…
2Cited by4 opinions
- Home Laundry Co. v. CookCourt of Appeals of Kentucky (pre-1976) · 1939
- United States Fidelity & Guaranty Co. v. Travelers Insurance Machine Co.Court of Appeals of Kentucky · 1915
- Dunn v. ChampionCourt of Appeals of Kentucky (pre-1976) · 1936
- Champion v. FergusonCourt of Appeals of Kentucky (pre-1976) · 1931