Hildebrandt v. Hagen

Defendant petitions for rehearing on the ground that the court's decision disallowing him the right to tax costs and disbursements was contrary to law. This decision, rendered upon plaintiffs' appeal from the clerk's taxation in favor of defendant, while recognizing that modification of a judgment generally entitles the party obtaining the same on appeal to tax costs and disbursements, held that, since the issue of the modification was not presented to the trial court on defendant's motion for a new trial or for amended findings, defendant lost his right to tax costs and disbursements, under…