Waite v. Vinson
Montana Supreme Court
Appeal jrom Tenth Judicial District, Fergus County. Plaintiff’s motion to retax costs on return of remittitur was granted by Du Bose, J. Statement of the case by the justice delivering the opinion. Upon the original trial in the district court, plaintiff had judgment. Defendants appealed. The judgment was reversed. (14 Mont. 405.) Upon the return of the remittitur, defendants filed in the district court their memorandum of costs.
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Appeal jrom Tenth Judicial District, Fergus County. Plaintiff’s motion to retax costs on return of remittitur was granted by Du Bose, J. Statement of the case by the justice delivering the opinion. Upon the original trial in the district court, plaintiff had judgment. Defendants appealed. The judgment was reversed. (14 Mont. 405.) Upon the return of the remittitur, defendants filed in the district court their memorandum of costs. Among the items were the following : ‘ ‘To statement on motion for new trial, and paid to F. W. Mettler, $75. To statement on appeal, $100. Printing brief, $11.10.…
1Opinion of the CourtDe Witt, J.
The $11.10, for printing brief, was stricken out. This we should be obliged to hold to be error (Ryan v. *411Maxey, 17 Mont. 164,) were it not that it seems from the cost bill that the printing of the brief had been paid for in another item. There was a charge of §25 for printing brief. It does not appear that there were two briefs. The court allowed the §25 item, and we must presume that the court found that there was only one brief, and that the larger charge included the smaller, and therefore the court struck out the smaller charge. This ruling must be sustained.
The charge of §3.60, for…
2Cases cited3 opinions
- First National Bank v. NeillMontana Supreme Court · 1893
- First National Bank of Butte v. BoyceMontana Supreme Court · 1895
- Ryan v. MaxeyMontana Supreme Court · 1895
3Cited by3 opinions
- Swallow v. First State BankNorth Dakota Supreme Court · 1916
- In Re Estate of ClaiborneCalifornia Supreme Court · 1910
- State ex rel. King v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901