51 P. 107 | Idaho | 1897
This is an' appeal from an order, made after judgment, on contested motions, to retax costs. This
We find in the record what purports to be a bill of exceptions which sets forth the cost-bills filed by both parties, the motions to strike out cost-bills made by each party, and the order made by the district judge retaxing the costs, and which was settled on the twenty-seventh day of June, 1897. The plaintiff moved to strike out of the transcript this so-called “bill of exceptions,” for the reason that a draft of same, as proposed by the defendants, was not served upon the plaintiff, and in support of this motion files numerous and voluminous affidavits. If a bill of exceptions was necessary, we would be compelled to sustain the motion for want of service of the proposed bill of exceptions. But," under the provisions of section 4427 of the Revised Statutes, a bill of exceptions on this appeal is not necessary. We treat that part of the transcript called “bill of exceptions” as material, for the reason that it identifies the papers embraced in it.
The transcript on this appeal is not made out and printed in the manner required by the rules of this court. The title of the cause is set forth eleven times in the transcript, when it should have appeared only once. We know of no better way to enforce the rules relating to transcripts than to require the appellant, although successful, to pay the costs of obtaining and printing the transcript, or such part thereof as would be equitable, when he disobeys the rules, and inserts matters in the transcript which should not be there. The order appealed