In re Kirby

Heretofore a decision was rendered herein disbarring the accused because of his conviction in the United States district court. In re Kirby, 10 S. D. 338, 73 N. W. 92. He now appeals from the clerk’s taxation of costs in favor of the accusers, and petitions for a rehearing. In Kirby v. McCook Co. Cir. Ct. 10 S. D. 197, 72 N. W. 461, this court clearly indicated the practice where a judgment has been rendered for posts and the opposite party claims nope should have been *415awarded. In such cases tbe party aggrieved should move to have the judgment itself modified, and not appeal from the taxation…