Ryan v. Maxey

Per Cueiam.

— The judgment of the district court in this case in favor of defendant was affirmed by this court on appeal on January 29, 1894 (14 Mont. 81).

Upon return of remittitur to the district court defendant, Daniel Maxey, filed his verified memorandum of costs, on appeal to the supreme court. Plaintiff then moved to retax these costs as to one item. This motion was sustained. From that order defendant has appealed to this court. The respondents on this appeal now move to dismiss the same, on the ground that such order is not appealable. They rely upon Rader v. Nottingham, 2 Mont. 157,…