Legal Opinion

Cronan v. District Court of the First Judicial District

Idaho Supreme Court

Decided November 25, 1908PublishedCited by 8 opinions

A motion to tax costs in an original proceeding in this court. In a matter of this kind the preparing of the plaintiff’s petition or application is no more chargeable against the defendants than would be the salary of a stenographer employed by the plaintiff’s attorneys in doing this work, as this is exactly what such an allowance would amount to. Such expenses are not chargeable as costs. (In re Bell’s Estate, 145 Cal. 646, 79 Pac. 358; McDonald v. Burke, 3 Ida. 266, 35 Am.

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A motion to tax costs in an original proceeding in this court. In a matter of this kind the preparing of the plaintiff’s petition or application is no more chargeable against the defendants than would be the salary of a stenographer employed by the plaintiff’s attorneys in doing this work, as this is exactly what such an allowance would amount to. Such expenses are not chargeable as costs. (In re Bell’s Estate, 145 Cal. 646, 79 Pac. 358; McDonald v. Burke, 3 Ida. 266, 35 Am. St. Rep. 276, 28 Pac. 440; Sorenson v. Donahoe, 12 S. D. 204, 80 N. W. 179; Young v. Hughes, 39 Or. 586, 65 Pac. 987,…

1Opinion of the CourtSullivan, J.

This is a motion to tax costs. This was an original proceeding in this court for a writ of prohibition. After the case was decided, the plaintiff filed his memorandum of costs and disbursements, as follows:

Printing record in proceeding. 175 pages at 75 cents per page ...................$131.25

Fees clerk district court certifying record.. 10.00

Fees clerk supreme court.................. 31.30

Briefs, 40 pages, at 75 cents per page...... 30.00

Paid to C. A. Libby, court reporter, for transcript of testimony of Ezra R. Whitla on motion to vacate order appointing receiver .................... 14.00

To…

2Cited by8 opinions

  1. Bassett v. SwensonIdaho Supreme Court · 1931
  2. Cole v. ColeIdaho Supreme Court · 1948
  3. Kinzell v. Chicago, Milwaukee & St. Paul Railway Co.Idaho Supreme Court · 1920
  4. First National Bank of Hagerman v. StringfieldIdaho Supreme Court · 1925
  5. Rhodenbaugh v. StingelIdaho Supreme Court · 1918

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