Frusher v. Cobb

The opinion of the court was delivered by

Allen, J.:

For the reasons stated in the original opinion (see Frusher v. Cobb, 151 Kan. 287, 98 P. 2d 89) the appeal was dismissed. A motion to reinstate the appeal was granted. A supplemental brief has been filed.

Our statute G. S. 1935, 60-2928, provides:

“The referees shall be allowed such compensation for their services as the court may deem just, and proper, which shall be taxed as part of the costs in the case.”

In Insurance Co. v. Stahl, 78 Kan. 528, 96 Pac. 854, it was held, as stated in the syllabus:

“The words ‘exclusive of costs,’ as used in…