Berry v. G. V. B. Mining Co.

Citations

• 5 Idaho 691
• 51 P. 746

Syllabus

<p>Taxing Costs — Cost-bills. — Plaintiff, having obtained judgment against the defendant, filed his cost-bill; within five days thereafter the defendant served notice of motion to strike the defendant’s cost-bill from the files, on the ground that it was not itemized, as required by law, and in the event of such motion being overruled, that the costs be taxed, which motion was supported by affidavit; the trial court overruled “said motion,” defendant appealed, and on appeal plaintiff contended that the trial court had not acted on the motion to tax costs. Held, that the trial court had overruled the motion to tax costs.</p> <p>Keeper's Pees — Whew caw be Recovered. — Keeper’s fees can only be allowed by order of court, and the prevailing party is not entitled to recover keeper’s fees that have not been allowed by order of court.</p> <p>(Syllabus by the court.)</p>