Miller ex rel. Burnap v. Adams

Citations

• 5 Scam. 195

Syllabus

<p>Error to Winnebago,</p> <p>1. Jurisdiction — of supreme court. The appellate jurisdiction of the supreme court is confined to “ matters of error or complaint from the judgment or decree of any of the circuit courts of this state.” (a) </p> <p>2. Costs — taxation. The instruction of a circuit court to its clerk, in relation to the taxing ofcosts in a cause, is neither a “judgment or decree, nor matter of error or complaint ” therefrom, within the meaning of the statute.</p> <p>3. Same — same. A circuit court has no binding authority to instruct its clerk in relation to the taxation of costs in a cause. The clerk is to be governed by the evidence presented to him, and not by the instructions of the court. But if any person is dissatisfied with the taxation of a bill of costs by the clerk, he may apply to the court in which the action or proceeding was had, to re-tax the same according to law; and a writ of error or appeal would lie from its decision to the supreme court. (b) </p>