Cronan v. District Court of the First Judicial District

Citations

• 15 Idaho 462
• 98 P. 614
• 1908 Ida. LEXIS 118

Syllabus

<p>Original Proceedings in Supreme Court — Costs—Motion to Tax.</p> <p>1. In original proceedings in this court, presented upon a typewritten complaint or petition, the successful party is not entitled to recover seventy-five cents per page allowed by the rules of this court for printing transcripts, as it is the duty of the plaintiff in such proceedings to present his complaint or petition in some proper or legible form, and the rule in regard to printing the transcript does not apply in such cases.</p> <p>2. The successful party is not entitled to recover for the fee paid the clerk of the district court for certifying certain papers that he desires to attach to his complaint or petition, at least until after opposing counsel has denied the correctness of such copies.</p> <p>3. It has been the custom in this court to receive typewritten briefs in all original proceedings. That being true, in this case it was not necessary to have the brief printed, and the cost of such brief is not a necessary disbursement, and therefore cannot be taxed as a part of the costs in the case.</p> <p>(Syllabus by the court.)</p>