Smith v. Palmer

This is an action for partition of a lot in Ulysses. The property was regularly sold by a referee to plaintiff for $2,045. In confirming the sale and in ordering distribution of the proceeds, the trial court, in the final judgment, directed the referee to pay the costs out of the fund in his hands, including a fee of $75 for plaintiff’s attorney. Defendants did not ask for a new trial nor appeal from the judgment. Ten days after it had been rendered, however, they made a motion to retax the costs and modify the judgment by charging the attorney’s fee of $75 to plaintiff. This motion was…