Collins v. Collins

Defendant (respondent) appeals from the clerk's taxation of costs and disbursements awarded to plaintiff (appellant).

Minn. St. 1941, § 607.01 (Mason St. 1927, § 9486), authorizes this court in its discretion to allow costs, not exceeding $25, to the prevailing party, upon judgment in his favor upon the merits, but in all cases the prevailing party shall be allowed his disbursements necessarily paid or incurred." See, Supreme Court Rule XV, 212 Minn. xlv.

The language of the statute plainly gives this court no discretion in the allowance, disallowance, or apportionment of necessary…