Legal Opinion

Elfring v. New Birdsall Co.

South Dakota Supreme Court

Decided October 7, 1903PublishedCited by 6 opinions

Appeal from circuit court, Codington county; Hon. Julian Bennett, Judge. Action by John Elfring and others against the New Birdsall Company. Prom the clerk’s taxation of costs on appeal, defendant appeals.

1Opinion of the CourtHaney, P. J.

In the decision heretofore rendered in this action, modifying the judgment of the court below, the appellant was allowed costs and disbursements in this court as if the case had been reversed. Elfring v. New Birdsall Co. 16 S. D. 252 92 N. W. 29. In its notice of taxation, appellant claimed the following items: “For stenographer’s fees to perfect appeal record, $35,” and. “for appeal bond $17.50,” objections to which, interposed by the respondent, were susiained by the clerk, and the appellant appealed.

The first item was allowable, under Comp. Laws 1887, § 484: Ellis v. Wait, 4 S. D. 504, 57…

2Cases cited3 opinions

  1. Elfring v. New Birdsall Co.South Dakota Supreme Court · 1902
  2. Ellis v. WaitSouth Dakota Supreme Court · 1894
  3. Novotny v. DanforthSouth Dakota Supreme Court · 1896

3Cited by6 opinions

  1. DeHaven v. HallSouth Dakota Supreme Court · 2008
  2. Graff v. Children's Care Hospital and SchoolSouth Dakota Supreme Court · 2020
  3. Heezen v. Aurora CountySouth Dakota Supreme Court · 1978
  4. Prew v. South Dakota Central Railway Co.South Dakota Supreme Court · 1915
  5. Buckingham Trans. v. B.H. Trans.South Dakota Supreme Court · 1939

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