Ryan v. Maxey
Montana Supreme Court
Appeal from Ninth Judicial District, Grallatm Oounty. Plaintiff’s motion to retax costs was granted by Armstrong, J. Statement of- the ease by the justice delivering the opinion. Judgment in this case was .originally in favor of Maxey et al.
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Appeal from Ninth Judicial District, Grallatm Oounty. Plaintiff’s motion to retax costs was granted by Armstrong, J. Statement of- the ease by the justice delivering the opinion. Judgment in this case was .originally in favor of Maxey et al. It was affirmed in 11 Mont. 81. Upon remittitur filed, the district court, on motion of the respondents, taxed the costs in favor of respondents in pursuance to section 512, Code of Civil Procedure, 1887, which, is as follows: “Whenever costs are awarded to a party by an appellate court, if he claims such costs he must, within thirty days after the…
1Opinion of the CourtDe Witt, J.
Section 191, Code of Civil Procedure, 1887, is as follows : “ * * * There shall be allowed to the prevailing party in any action' in the supreme court, district courts and probate courts, his costs and necessary disbursements in the action or special proceeding in the nature of an action.” The rules of this court require all briefs to be printed. One may not file a brief unless it is printed. A printed brief is a necessity. The costs of printing are, therefore, a necessary disbursement in the action.
There is no claim made that the brief in this case was unnecessarily long, or that it…
2Cases cited5 opinions
- Salter v. . Utica Black River Railroad Co.New York Court of Appeals · 1881
- Dennis v. EddyU.S. Circuit Court for the District of Northern New York · 1874
- Dalbkermeyer v. ScholtesSouth Dakota Supreme Court · 1892
- George W. Roby Lumber Co. v. GrayMichigan Supreme Court · 1889
- Carroll v. Anderson, Washington Territory1885
3Cited by4 opinions
- Bond v. United RailroadsCalifornia Court of Appeal · 1912
- State ex rel. King v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Waite v. VinsonMontana Supreme Court · 1896
- A. T. Klemens & Son v. Reber Plumbing & Heating Co.Montana Supreme Court · 1961