Burnham Chemical Co. v. Borax Consolidated, Ltd.

After judgment in favor of defendants in this case, the defendant American Potash & Chemical Corporation filed with the clerk its cost bill totaling $395.75; and defendants Pacific Coast Borax Company, United States Borax Company and Borax Consolidated, Limited, filed with the clerk its cost bill totaling $667.40.

The clerk taxed the costs of American Potash & Chemical Corporation at $237.75, after disallowing the sum of $158 representing the cost of a copy of the deposition of G. B. Burnham. The clerk disallowed the same item appearing in the cost bill of defendants Pacific Coast Borax Company, United States Borax Company and Borax Consolidated, Limited, and also disallowed an item of $79 representing, “Reporters charge for certified portion of deposition of G. B. Burnham filed in support of motion to compel answers to questions and production of documents.” Over plaintiffs protest, the clerk allowed the item of $163.65 appearing in the cost bill of these defendants, representing “cost of exemplification and copies of other papers necessarily obtained for use in case as per Exhibit B attached,” and taxed their costs at $430.40.

All parties having appealed instanter, pursuant to…