7 Utah 163 | Utah | 1891
This cause was tried in the district court, and plaintiffs recovered a verdict and judgment against the defendants. An appeal was taken to this court, and the cause was reversed and remanded and a new trial ordered. After the case was sent back to the lower court, the defendants filed therein their bill of costs incurred on said appeal, containing, among other items, the following, viz.: Paid stenographer, for making transcript of evidence below, $226; printing record, 161 pages, $2.10, $338.10; printing brief, 14 pages, $15; attorney fee, $20. On motion of plaintiffs' counsel the court struck out and disallowed the amount paid the stenographer for transcribing the evidence, and the item for attorney fee, and all in excess of one dollar per page for printing the record and brief, to which ruling and order of the court the defendants excepted, and bring this appeal.
The statute provides that, “in cases where a transcript has been ordered by the court, the fees for transcription must be paid by the respective parties to the action or proceeding, in equal proportions, or by such of them, and in such proportions, as the court, in its discretion, may order.” 2 Comp. Laws 1888, § 3099. It -is further provided that “the party ordering the reporter to transcribe any portion of the testimony or proceedings must