Griffith v. Montandon

Citations

• 4 Idaho 75
• 35 P. 704
• 1894 Ida. LEXIS 11

Syllabus

<p>Cost Biel — Onus of Proof. — When the items of a cost bill are denied by the affidavit of the party against whom such costs are claimed, the onus of proof is on the party claiming the costs.</p> <p>Motion to Tax Costs — Evidence Considered. — When the record contains the statement that it contains all of the evidence considered on the hearing of a motion to tax costs, there is no presumption that the judge took into consideration certain facts of which he had actual knowledge, in the determination of such motion.</p> <p>Elisor, Powers of — Compensation of. — An elisor appointed to execute powers and orders of the court is invested with the powers, duties, and responsibilities of the sheriff in the performance of such duties, and is entitled to the compensation allowed the sheriff for performing them when he demands the same.</p> <p>Gratuitous Services of Officer or Witness cannot be Taxed.— If an officer or witness expressly says he makes no charge for services rendered, the successful party cannot tax against the losing party the fees which such persons would have been entitled to if they had charged therefor.</p> <p>Witness not Testifying not to be Taxed in Bill. — If a party procures the attendance of a witness who does not testify, the expense of such witness is not chargeable to the losing party, unless some sufficient reason is shown that would legally excuse his failure to testify.</p> <p>Incurred Costs.. — Section 4912 of the Revised Statutes restricts the recovery of costs to those necessarily incurred.</p> <p>(Syllabus by the court.)</p>