Newberry

Upon a former action between the above-entitled parties the judgment in favor of the plaintiff therein was reversed by this court. Upon the going down of the remittitwr the appellants in the action just referred to and the appellants in this matter filed their cost bill which included an item of $289.90 charged as reporter’s fees in making up the record to be used on appeal in said cause, as provided for by section 953a of the Code of Civil Procedure. Thereupon the plaintiff in said action and the respondent upon this appeal filed his motion to retax the cost bill filed by the appellants, moving to strike out said item of $289.90. The motion was made upon the following grounds, to wit: That such item is improper, not legal, unreasonable, excessive, and further, that an order of the court was never secured or made directing the preparation of said transcript for use on appeal in said ease, or otherwise, and that such transcript on appeal was prepared and made up at the request of the said parties without any order of court or legal authority therefor. Upon the hearing of said motion the trial court struck out the item of $289.90, and it was from this order that the defendants…