Lee Injector Mfg. Co. v. Penberthy Injector Co.

LURTON, Circuit Judge.

Upon a former day of this term the decree of the circuit court was reversed, and costs taxed. The appellant has now filed a petition praying a retaxation of costs, as follows:

„ 1. That the amount paid clerk of the circuit court for transcript of record on appeal — $87.25—be taxed here as costs taxable to the appellee. This must be denied. Rule 31, par. 3, provides that “the costs of the transcript of record from the court below shall be taxable in that court as costs in the case.” 31 C. C. A. clxix., 90 Fed. clxix.

2. That $20.90, paid by appellant to the commissioner of…