65 P. 987 | Or. | 1901
delivered the opinion.
This is a suit by certain stockholders of a corporation, for themselves and on behalf of all others similarly situated, to establish .and enforce a lien upon a fund in the hands of the representative of a deceased trustee. It is alleged in the complaint, in effect, that the Gold Mountain & Dry Gulch Gold & Silver Mining Company, a corporation, sold its mining property, for which its secretary, Seth R. Hammer, received the sum of $5,000, to be distributed to its stockholders in certain proportions ; that on December 2, 1898, Hammer died intestate, having in his possession of said money the sum of $1,812.12 and certain office furniture, the property of the corporation; that on December 5, 1898, the defend
R. B. Cannon, president of said corporation at the time its mining property was sold, states in his deposition, in effect, that, being more conversant with its business than any other person, he made, soon after said sale was consummated, a list of its stockholders at that time ; that the list was prepared for Hammer’s benefit and convenience, to enable him to pay the stockholders the several sums due each; that the writing on said list in ink was done by him, and represents the sums paid for stock, and the figures in pencil thereon were made by Hammer, and represent the sums to be paid to the several stockholders ; and that when Hammer paid any of the money so received he made on said list, opposite the stockholder’s name, an “X,” as evidence of such payment. The list in question was attached to the deposition. The deponent further says that Hammer was to receive for his services in disbursing the money left with him the sum of $250, provided there was that much left after paying the stockholders the sums due them. Amos Strong, as plaintiffs’ witness, testified that soon after the mine was sold he saw Cannon making said list by taking a transcript from the books ; that the stockholders who had paid cash for their stock were listed separate from those who had secured such stock by performing labor, or in any other manner; that eighty cents per share was to be paid to those-who had paid cash for their stock and twelve and one half cents per share to all others, and that this pro
Modified .
On Motions to Allow Attorney Fees and to Tax Costs of Lower Court Against the Fund.
Petitions having been filed by the respective parties for an allowance of attorney’s fees, and by the appellant for the taxation of the costs of the lower court against the stockholders’ fund in his hands, upon consideration thereof the costs and disbursements of the respective parties in each court will be paid by the administrator from said fund, as allowed and taxed in the respective courts, and-he will deposit the remainder with the clerk of the court below, to be distributed to those who may prove title thereto.
Decided 7 October, 1901.
On Motion to Retax Costs.
delivered the opinion.
This is a motion to retax costs. The appellant, having been allowed costs, filed a bill therefor, in which lie demanded, inter alia, for printing the abstract, twenty-six pages, $26 ; brief, forty-eight pages, $48 ; stenographer’s fees for transcribing testimony, $40; and for preparing a petition for rehearing, $4.00. The respondent objected to these items, and alleged that the abstract contained only twenty-five, and the brief forty-seven, pages, including covers; that a reasonable charge for printing the same did not exceed seventy-five cents per page ; and that the stenographer’s fees did not constitute a disbursement which the appellant was entitled to recover. The appellant thereupon filed an amended verified statement, specifically denying these allegations, and for a further 'answer alleged that he was compelled to serve and file a printed abstract and brief, containing twenty-six and forty-eight pages, respectively, including covers, for printing which an account of $74 was set out; that the cause was tried before the court, stenographic notes being taken of the testimony, and a decree rendered without any transcription of such notes, but, an appeal having been taken, it became necessary to transcribe the testimony for use in the supreme court, for which service he was compelled to pay a stenographer the sum of $40 ; that after the decision of the cause on appeal he prepared a petition for rehearing, and, not
The disbursements will therefore be retaxed in accordance with this opinion. Costs Retaxed.