Standard Oil Co. v. Goldstein

Citations

• 111 Miss. 326
• 71 So. 570

Syllabus

<p>1. Clerks oe Courts. Fees. Record of appeal. Unnecessary matters.</p> <p>Under rule 2 of Supreme Court (101 Miss. 904), a transcript should not contain any part of the case except the' pleadings, evidence, instructions, bills of exceptions and the order, judgment or decree appealed from, unless the appellant shall by writing, • request other matters specified to be embraced in the transcript, a copy of which request shall be annexed to the transcript, the clerk is not entitled to fees for including the summons and return, the certificate of mailing summons, or notice to stenographers to transcribe notes, where the record shows no request therefor.</p> <p>2. Same.</p> <p>It is necessary, independent of any rule of the courts, for the clerk to properly style and number the case, and also for him to include in the transcript either the original or a copy of the citation to the supreme court, so that the clerk is entitled to fees therefor, but only for the number of the words contained therein and not thirty cents per page.</p> <p>3. Same.</p> <p>The clerk of the lower court is not entitled to an allowance for making out his fee bill, it being no part of the transcript proper, though necessary to be made by the clerk in order that he may obtain his fees.</p> <p>4. Same.</p> <p>Only ten cents per one hundred words can be allowed the clerk for making a transcript of the record, for those matters which should properly haye been included in the transcript and not thirty cents per page unless the page contains three hundred words.</p>