Schallert v. Boggs

On a former day of the present term of this court, the above-entitled cause was reversed and remanded. In the itemized bill of costs in the record was the following: “R. K. Barton, Steno. — $375.00.” The clerk of this court, not being able to determine .that this was an item properly chargeable as part of the cost of appeal herein, issued the mandate of this court without collecting the same. Appellant filed a motion to recall the mandate, and the clerk of this court was instructed to have said mandate returned until the matter could be further inquired into.

Appellant relies upon article…