Mueller v. Powell

REEVES, Chief Judge.

The plaintiff’s motion to retax costs was heretofore sustained upon the theory that no opposition was offered to said motion. It appeared later that counsel for the defendants was unaware of the pendency of said motion and it was for that reason it was not resisted. It is fundamental that where a motion for the retaxing of costs is filed it is the duty of the party filing the motion to give his adversary notice thereof. 20 C.J.S., Costs, § 288, paragraph (d), page *745530. It appears, therefore, that counsel for the defendants was not advised of said motion until after an…