Bechtel v. Evans
Idaho Supreme Court
APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. From an order made after final judgment taxing costs, plaintiff appeals.
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APPEAL from District Court in and for Nez Perce County. Honorable Edgar C. Steele, Judge. From an order made after final judgment taxing costs, plaintiff appeals. The supreme court of the state of Idaho has laid down the rule in the ease of Griffith v. Montandon, 4 Idaho, 75, 35 Pac. 704, in which the court holds that witnesses who attend upon the trial of a cause and do not testify should receive their fees, provided it appears from the cost bill or affidavit attached thereto the reason why they were not sworn to testify in the cause. We see no reason why these witnesses who appeared in…
1Opinion of the Court
AILSHIE, J. —
This is an appeal from an order made after final judgment taxing the costs of the case. On the seventh day of December, 1903, judgment was rendered and entered in the district court in favor of the plaintiff and against defendant in the sum of $400, and on the ninth day of the same month the plaintiff filed his memorandum of costs and disbursements *149claiming the sum of $420.75 costs taxable therein. Thereafter, and on the fourteenth day of the same month the defendant filed his motion to have the costs taxed by the court and accompanied the same by the affidavit of his attorney,…
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