Kirby v. Western Union Telegraph Co.
South Dakota Supreme Court
On appeal from taxation of costs. For former opinions, see 4 S. D. 105; 463; 55 N. W. 759 and 65 N. W. 37. The facts are stated in the opinion.
1Opinion of the CourtFuller, J.
From the action of the clerk of this court in taxing costs in the above entitled cause in favor of defendant and appellant, plaintiff and respondent appeals. A rehearing having been granted, the case was twice argued and submitted on appeal. Counsel’s objection to the allowance of $15 for argument on rehearing cannot prevail, as the same is inequitable and contrary to the settled practice in this court. A case involving the consideration of close questions of law, and of sufficient importance to justify the granting of a rehearing, suggests the necessity of reargument; and there appears to be…
2Cited by4 opinions
- Braden v. Yuma County Board SupervisorsCourt of Appeals of Arizona · 1989
- McVay v. TousleySouth Dakota Supreme Court · 1906
- Swenson v. ChristophersonSouth Dakota Supreme Court · 1897
- Crane v. OdegardNorth Dakota Supreme Court · 1903