Barbour v. Finke

MISER, C.

This is ah appeal from the clerk’s taxation of costs and disbursements, in the case of the same title reported in 216 N. W. 592. Respondent contends that the amount allowed for printing appellant’s abstract is excessive. Inasmuch as no application had been made for an order eliminating unnecessary matter, it was the duty of the clerk to overrule respondent’s objection. It is, however, the duty of the court, upon this appeal, to determine what, if any, portions of the abstract are unnecessary. McVay v. Tousley, 20 S. D. 487, 107 N. W. 828. At the trial in circuit court, the facts were…