Dempsey v. Schawacker

Plaintiffs brought a mechanic’s lien suit against defendant, wherein they gave bond for costs, with Luke McLaughlin and John Nolan as sureties. The case was referred,- and an agreement entered into for the compensation of a stenographer in taking and transcribing the testimony, “to be taxed as costs in this case, to be paid by the losing party.” This stipulation was signed by one of the plaintiffs and defendant. The referee filed his report, and the court made an allowance of $1,270 for his compensation, and $1,073.25 for the services of the stenographer. The finding of the referee was in…