Ray

The defendant asked to have certain items, appearing in a memorandum of costs which the plaintiff filed, disallowed. The court denied the motion. Defendant has appealed from the order.

After notice of decision and within the time required by section 1033 of the Code of Civil Procedure, the plaintiff, in the court below, filed his memorandum of costs. In this memorandum various items appeared as for fees of witnesses who were seven in number, such fees including the per diem fixed by the statute, together with the mileage charge which is allowed to be collected. It included notary charges for taking a deposition of one Nye at Cheyenne, Wyoming, amounting to five dollars, and a witness fee of two dollars with a mileage charge of ten cents for the attendance of the witness .upon the taking of his deposition. The other charges were for the serving of subpoenas. Plaintiff’s attorney attached to the memorandum his affidavit which in all respects was sufficient to establish prima facie the regularity of the charges made. This affidavit contained the statement that to the best of his knowledge and belief the items “in the within memorandum of costs and disbursements are true and correct…