Miller v. Highland Ditch Co.

This is an appeal from an order of the court below refusing to retax the plaintiff’s costs.

It appears from the bill of exceptions that a duly verified memorandum of costs, a copy of which is set out, was filed by the plaintiff in proper time.

One of the items in the memorandum is as follows: “ Paid J. B. Pope for map introduced in evidence, adopted by judge in his findings, and made part thereof, five hundred dollars.”

Other items are for the attendance of witnesses a stated a number of days.

The defendants served and filed in due time notice of motion to retax the costs, and their objection to the item above quoted was: “ 1. That the same is not a proper charge, nor authorized by law to be included in plaintiff’s bill of costs; 2. That said charge is excessive, and far beyond the value of said map; that said map is of not any greater value than five dollars, and could not have cost the plaintiff herein a greater sum.”

*105 The objections to the other items were, that the charges were for a greater number of days than the witnesses were actually in attendance.

“ Thereafter the defendants’ said motion came on regularly for hearing before the court, both parties appearing by…