Bechtel v. Evans

Citations

• 10 Idaho 147
• 77 P. 212
• 1904 Ida. LEXIS 10

Syllabus

<p>Dismissal of Appeal — Satisfaction of Order or Judgment — Taxing Costs.</p> <p>1. Where a party has collected a judgment in his favor, and by the prosecution of an appeal from such judgment, in seeking to gain more, thereby incurs the hazard of eventually recovering less, his appeal should be dismissed.</p> <p>2. If, however, the appeal is from such an order or judgment that the appellant could in no event recover a less favorable judgment and that he incurs no hazard of ever obtaining less than the amount received or collected by him, the reason for the rule ceases and his appeal should be allowed.</p> <p>3. A successful party should not be disallowed fees for witnesses who were subpoenaed and attended on the trial for the reason alone that they did not testify, but the party claiming fees for such witnesses should be required to make a satisfactory showing as to the reasons for their attendance and causes which made it necessary for them to testify.</p> <p>4. Record in this case examined and held that there is no error in the order of the trial judge taxing costs.</p> <p>(Syllabus by the court.)</p>