Gould

This was an original proceeding in mandamus begun in the supreme court, to compel the defendant to certify a statement of the case on motion for a new trial in the matter of a petition of Mary Woodman Kilborn to revoke the probate of the will of Julia Ann Kilborn, deceased. An alternative writ was issued, the defendant appeared and answered, as also did the said Mary Woodman Kilborn, and upon the hearing final judgment was rendered by this court, on September 6, 1910, in presence of petitioner, directing the defendant to certify said statement as soon as it should be correctly engrossed. On October 5, 1910, the plaintiff filed in this court a memorandum of costs, claiming the sum of $91.70 for .the several items, including the printing of the plaintiff’s petition and points and authorities, clerk’s fees on filing the petition, and cash paid for telegrams and for a certified copy of the judgment of this court.

The defendant now moves this court to strike out this memorandum of costs, and also to retax the costs. The grounds of the motion to strike out are that this court has no jurisdiction to allow costs in such proceedings, and that, if jurisdiction exists, the memorandum was…