Sommer v. Compton

Opinion by

Mr. Chief Justice Moore.

This is a motion to retax costs. The judgment for the plaintiffs herein having been reversed, the defendants’ *342counsel filed in this court a verified statement of disbursements, containing, inter alia, the following charge:

“Cost of transcript of testimony, $59.”

The bill was served on plaintiffs’ counsel, and, although they filed no objection thereto, our clerk disallowed the item. To review that rejection this motion was interposed. In a supplemental affidavit the defendants’ counsel states that in the preparation of the bill of exceptions it was necessary to…