51 P. 746 | Idaho | 1897
The plaintiff below (respondent here) obtained judgment, and filed his memorandum of costs and disbursements. Within five days thereafter, the defendant (appellant here) served and filed notice of motions, which were, in effect (1) to strike plaintiff’s memorandum of costs from
Appellant contends that said fee bill is not itemized as required by law, inasmuch as the sheriff’s fees are given in one lump sum, and the clerk’s fees in one lump sum. The memorandum should have shown, separately from the sheriff’s fees proper, the keeper’s fees that had been allowed by order of court, if any. We do not thirds that the prevailing party is required by the statute to show in his cost-bill each specific item paid to the clerk or sheriff, and that it is sufficient to give the fees to each in a lump sum as one item, with the exception of keeper’s fees to the sheriff. Both parties have access to the files of the action, and the party who must pay the costs may obtain an itemized statement from the sheriff and clerk, and the files should show what services have been performed by each of said officers.
The respondent contends that the motion of appellant was to strike the cost-bill, and that this motion was properly denied. We think that the application made by appellant to the trial court was for two different and specific things or relief — to strike the cost-bill if the court would do that, and, if the court would not do that, then that the court tax the costs. The court denied all of the relief asked by the appellant. The order made by the court is rather vague (the appellant is not re-*