Christenson v. Cudahy Packing Co.

Plaintiff had recovered a money judgment against the defendant, from which the latter appealed. The supreme court modified the judgment and ordered that the defendant recover its costs on appeal. When the remittitur was sent down the defendant, in due course, filed its memorandum of costs in which were included four separate premiums paid on a surety bond to stay execution of that judgment. On motion of the plaintiff these items were ordered stricken from the bill and the appeal is taken from that order.

The right to recover costs is purely statutory. (Turner v. East Side Canal & Irr. Co., 177…