93 Mich. 509 | Mich. | 1892
This is a motion for retaxation of costs. They Avere taxed by the clerk of this Court at the sum of $579.05, although the original bill as presented for taxation amounted to the sum of $753.70. The bill is made up largely of the cost of printing the record, copy procured for printing, and stenographer’s fees. Both parties move for retaxation.
We think, as said in the opinion filed in the case, that the record could have been made up in 100 pages instead
It appears that a previous motion had been made in this Court to vacate the order for costs in favor of plaintiff, and in disposing of that motion counsel were undoubtedly led to believe that the matter of 'costs could be disposed of on motion for retaxation in the form of an appeal from the clerk’s taxation. We do not approve of this practice, as the matter should be disposed of when the case is heard, so far as any question may be raised relating to matters raised here, as was said in Van Deusen v. Newcomer, 40 Mich. 525; but, in view of the error into which counsel were led in the former motion, we have felt disposed to settle the question in this way. The same course was taken in Roby Lumber Co. v. Gray, 73 Mich. 363, and certain deductions made on motion for retaxation from the amount of the stenographer’s fees, printing record, etc.
Defendant will recover the costs of this motion.
Upon February 8, 1893, upon motion of plaintiff, this allowance was increased by $40, such amount appearing to have been paid.