Stewart v. Crosby
Texas Supreme Court
Appeal from Travis. Motion to strike from the bill of costs an item of §45, “ for final record.” No final record had been made. There was an order of Court requiring a final record to be kept in all cases, and allowing the Clerk fifteen cents for every hundred words. The motion was overruled.
1Opinion of the CourtWheeler, J.
We think it clear in any view of the law, that the Clerk could not rightfully make a charge for services never performed. If entitled to charge for a final record, he was bound to make one ; and as he made none, we think the Court erred in not sustaining the motion to strike out of the bill of costs the item charged for making a final record, for *514which error the judgment must be reversed. But as it is understood the case is brought here for the purpose of settling the question, as to the duty of the Clerk to make a complete record, and his right to compensation therefor, we have considered…
2Cited by2 opinions
- Allen v. WoodsonTexas Supreme Court · 1884
- Allen v. WoodsonTexas Supreme Court · 1884