Legal Opinion

Young v. Extension Ditch Co.

Idaho Supreme Court

Decided January 21, 1908PublishedCited by 1 opinion

APPEAL from the District Court of Canyon County. Hon. Ed. L. Bryan, Judge. Appeal from an order taxing costs. “The right to costs on appeal or writ of error is dependent solely on statute. In the absence of special statutory authorization, such costs cannot be allowed. .... The courts have no discretion in refusing or allowing costs, except such as may be expressly vested in them by statutory provisions.” (“Costs,” 11 Cyc. 204, 205; Baldwin v. Boutware, 82 Mo.

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APPEAL from the District Court of Canyon County. Hon. Ed. L. Bryan, Judge. Appeal from an order taxing costs. “The right to costs on appeal or writ of error is dependent solely on statute. In the absence of special statutory authorization, such costs cannot be allowed. .... The courts have no discretion in refusing or allowing costs, except such as may be expressly vested in them by statutory provisions.” (“Costs,” 11 Cyc. 204, 205; Baldwin v. Boutware, 82 Mo. Ap.p. 321; Brown v. Winehall, 4 Wash. 98, 29 Pac. 928; McDonald v. Burke, 3 Ida. 266, 35 Am. St. Rep. 276, 28 Pac. 440.) A party…

1Opinion of the CourtSullivan, J.

This action was before this court at its February term, 1907, on an appeal from the judgment and an order denying a new trial. (13 Ida. 174, 89 Pac. 296.) The judgment appealed from was for $1,750. This court reduced that judgment $750, leaving the judgment $1,000. When the remittitur was filed in the lower court, the respondent here, who was appellant on the first appeal, filed a memorandum of costs of appeal that included, among other items, one of $130 paid the stenographic court reporter for a transcript of the evidence used in preparing his statement on motion for a new trial and on…

2Cases cited3 opinions

  1. Young v. Extension Ditch Co.Idaho Supreme Court · 1907
  2. McDonald v. BurkeIdaho Supreme Court · 1892
  3. Raft River Land & Cattle Co. v. LangfordIdaho Supreme Court · 1898

3Cited by1 opinion

  1. Kingfisher County v. GrahamSupreme Court of Oklahoma · 1914

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