Studebaker Bros. v. Witcher
Nevada Supreme Court
Appeal, by defendants, from clerk’s ruling on objection to cost bill. Appellants having secured the relief of a modification of the judgment, they are entitled to their costs. “In the event no order is made by the court relative to the costs, * * *. the party obtaining any relief shall have his costs.” Rev. Laws, 5381. The so-called cost bill was not filed within five days after the decision of the cause. Rule 6, Supreme Court.
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Appeal, by defendants, from clerk’s ruling on objection to cost bill. Appellants having secured the relief of a modification of the judgment, they are entitled to their costs. “In the event no order is made by the court relative to the costs, * * *. the party obtaining any relief shall have his costs.” Rev. Laws, 5381. The so-called cost bill was not filed within five days after the decision of the cause. Rule 6, Supreme Court. The purpose of the rule is to have the cost bill promptly filed. The whole appeal on the question of costs is disposed of by the fact that the cost bill was not filed…
1Opinion of the Court
By the Court,
Coleman, J.:
This is an appeal, pursuant to supreme court rule 6, from a ruling of the clerk upon an objection to a cost bill.
Appellant in this matter was also an appellant to this court from an adverse judgment rendered in the district court of White Pine County (see 44 Nev. 468, 199 Pac. 477), wherein the court expressed its adherence to certain principles of law enunciated in the case of Studebaker v. Witcher et al., No. 2399 (44 Nev. 442, 195 Pac. 334), from which it followed that the money judgment against appellants should have been modified, but through inadvertence we…
2Cases cited4 opinions
- Studebaker Bros. Co. of Utah v. WitcherNevada Supreme Court · 1921
- Dixon v. Southern Pacific Co.Nevada Supreme Court · 1918
- Studebaker Bros. Co. of Utahv. WitcherNevada Supreme Court · 1921
- State v. CerfoglioNevada Supreme Court · 1923
3Cited by2 opinions
- McConnell v. ReddCalifornia Court of Appeal · 1927
- Hunter v. SuttonNevada Supreme Court · 1922