State Ex Rel. Vaughn v. District Court

This is a proceeding in review by which relatrix, plaintiff in the court below, seeks to annul an order contended to have been made without jurisdiction by the district court on January 18, 1941, vacating an order rendered on May 28, 1940, taxing plaintiff’s costs on retrial and striking defendant’s bill of costs on appeal from a prior trial.

In Vaughn v. Mesch, 107 Mont. 498, 87 Pac. (2d) 177, 123 A. L. R. 1106, a judgment in plaintiff’s favor was reversed and the cause remanded to the respondent court for a new trial without an express award of costs to defendant. The remittitur was filed…