43 P. 487 | Or. | 1896
On Motion to Retax Costs.
This is an appeal from the action of the trial court on a motion for the retaxation of costs in the foregoing case. The facts are that on December eighteenth, eighteen hundred and ninety-three, judgment having been rendered against the plaintiffs for costs and disbursements, defendant on the following day filed a cost bill, containing the names of his witnesses, the number of days each attended, the number of miles traveled, and the fees claimed by the officers of the court, amounting to three hundred and fifty-four dollars and seventy cents. On the twenty-eighth of said month the plaintiffs filed objections to each item contained in the cost bill, and, on January fourth, eighteen hundred and ninety-four, the court having extended the time to that date, the defendant filed an amended verified statement thereof. On being considered by the clerk, that officer allowed and taxed the costs and disbursements at three hundred and twenty-seven dollars and fifty-five cents. The plaintiffs appealed from such taxation to the court, which affirmed the action of the clerk, and retaxed the costs and disbursements at the same amount, from which judgment the plaintiffs appeal, and contend that the trial court erred in extending the time to file the amended verified statement; that such statement is insufficient to ' support the judgment based thereon; that because the clerk and stenographer did not file an itemized statement of their fees the court was powerless to award
Affirmed — Costs Retaxed.