77 Neb. 658 | Neb. | 1906
Appellants prosecuted in the district court an action against the appellees, which resulted in a trial and judg-
The order denying the motion to retax is sought to be sustained by the oath of the deputy, who testified that before making her transcript, but immediately after the court had ordered the same to be made, she had a conversa-
We suppose it to be unnecessary to cite authority to the effect that nothing can be taxed as costs in an action except such items as are prescribed by the statute or are expressly authorized by the consent or agreement of the parties. Geere v. Sweet, 2 Neb. 76. Not only is there in this record nothing tending to shoAV such a consent, but the record discloses an explicit and persistent dissent and objection by the plaintiffs to the procurement of the services in question and to the incurring of any obligation with respect to them. If any agreement can be inferred from the conversation outside the court room, it falls far short of a consent that the amount of compensation there mentioned, or any other amount, shall be taxed as costs in the action.
We recommend that the order of the district court be rever.1wd and the cause remanded, Avith instructions to retux the costs in conformity with law.
By the Court: For the reasons stated in the foregoing opinion, it is ordered that the order of'the district court be reversed and the cause remanded, with instructions to retax the costs in conformity with laAV.
Reversed,