Christian Ex Rel. Von Holt v. Waialua Agricultural Co.

OPINION OF THE COURT BY

BANKS, J.

This is a motion by the Waialua Agricultural Company, the appellant in the case of Christian v. Waialua Agr. Co., 31 Haw. 817, for the taxation of costs incurred by it in connection Avith the appeal. The amount of the costs as shown by the cost bill is $2,791.44. There is no dispute regarding the items which comprise this amount. It is contended by the Waialua Company that it prevailed on its appeal and therefore under section 2552, R. L. 1925, which provides that “costs shall be allowed to the prevailing party in judgments rendered on appeal * * * ” it is…