28 Nev. 220 | Nev. | 1905
Subsequent to the decision in this cause, and prior to issuance of remittitur therein, counsel for respondent filed herein a petition on behalf of respondent, praying this court
Our attention has not been called to any statute or rule of court by which we would be authorized to allow additional compensation that may be due tbe receiver as costs on appeal; nor have we been able to find sucb, or any precedent for a proceeding of this kind. Costs were not recoverable eo nomine at common law, and therefore can be recovered only in pursuance of tbe provisions of statute or rule of court. (11 Eney. Law & Procedure, 24.)
Tbe receiver in this case was appointed by tbe trial court in accordance with tbe provisions of section 146 of tbe civil practice act (Comp. Laws, 3241), and is an officer of that court, and accountable to it for tbe trust imposed upon him. He has not been discharged, and tbe trial court still has jurisdiction to determine tbe amount of any additional compensation that be may be entitled to, upon tbe matter being properly presented to the court, and to make all necessary and proper orders in tbe premises. (High on Receivers, 781, 797.)
Tbe petition is therefore denied.