Ellis v. Wait
South Dakota Supreme Court
Action by William Ellis against Lucy A. Wait, to foreclose a mortgage. A judgment for defendant was affirmed. 4 S. D. 454, 57 N. W. Rep. 229, and she now appeals from the clerk’s taxation of costs in the supreme court.
1Opinion of the CourtKellam, J.
Respondent appeals from the clerk’s taxation of costs. The principal question involved is whether Chapter 66, Laws 1893, applies to and controls costs to be taxed in this court. That chapter allows so much for folio for the original draft, so much fur engrossed copy, and so much for other necessary copies of all papers required to be diawn and used in any action in a court of record. While the law, by its terms, might apply to papers and records in this court, we shall, principally upon the argument ab inconveniente and without looking for other reason or justification for so deciding, hold…
2Cited by2 opinions
- Elfring v. New Birdsall Co.South Dakota Supreme Court · 1903
- Novotny v. DanforthSouth Dakota Supreme Court · 1896