Barkly v. Copeland

Citations

• 86 Cal. 493
• 25 P. 3
• 1890 Cal. LEXIS 1058

Syllabus

<p>Short-hand Reporter — Transcript of Evidence — Costs—Order of Court. — Where a transcript of the evidence is made by the short-hand reporter upon an order of the court, the amount of the fees paid by the successful party pursuant to such order becomes a necessary part of the costs and disbursments incurred by him in the action, which he is entitled to recover from his adversary, against whom he obtains judgment.</p> <p>Id. — Construction of Order — Duty of Parties. — Where the transcription is made upon the order of the court without any direction as to how the fees due therefor are to be apportioned between the parties, each side should pay one half of such fees.</p> <p>Id. — Transcription by Order of Party — Costs. — Where the transcription of the evidence is ordered by one party to the action, he must pay the fees therefor, and cannot recover the fees paid, or any part of them, from the defeated party, as costs or disbursements in the action.</p>