Conway v. Skidmore

The respondent has filed a motion to retax costs. The costs were taxed under section 89-4820, R. S. 1931, and pursuant to our order, entered March 12, 1935, “that the costs of this appeal be taxed against plaintiff and respondent.” It is claimed that this order was not authorized by the statute. The time for filing an application for rehearing expired, and our mandate went to the district court, on April 12. The motion to retax was filed some time thereafter, and it may be that it was filed too late, but we shall not deny it on that ground.

It is contended that section 89-4820 does not apply…