Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.

On appeal to this court from a judgment in favor of plaintiff and an order denying defendant’s motion for a new trial, the order was affirmed, but the judgment was modified and the defendant was permitted to recover one-half of the costs of the appeals. (Montana Ore Pur. Co. v. Boston & Montana Con. etc. Min. Co., 27 Mont. 288, 70 Pac. 1114, 27 Mont. 536, 71 Pac. 1005.) Within thirty days after remittitur went down, the defendant filed with the .clerk of the district court its verified memorandum of costs. 0 The plaintiff then moved that court to tax the bill by striking out each item…