R. M. Gilmour Mfg. Co. v. Stetler

These are cross-motions to review the taxation of costs herein. There were two trials had; the first trial, on March 16, 1897, when the verdict of the jury in favor of the plaintiff was set aside and a new trial ordered. The cause was again tried on February 24, 1908, after a lapse of eleven years, and again resulted in a verdict in favor of the plaintiff. The plaintiff asked in his bill of costs for two trial fees, which the clerk refused to allow, taxing only one trial fee of thirty dollars; the clerk, under exception by the defendant, allowed twenty-five dollars costs for proceedings…