Baker v. City of Madison
| Decision Date | 03 March 1885 |
| Citation | 62 Wis. 137,22 N.W. 583 |
| Parties | BAKER v. CITY OF MADISON. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Opinion on motion for retaxation of costs. See S. C. ante, 141.
This is a motion for a retaxation of costs in this court, based upon objections duly made to the clerk when the costs were taxed. The objections are to the allowances made for printing case and brief. The amount allowed in the taxation is $187 for the case and $69 for the brief, at the usual rate of one dollar per page. The bill of exceptions seems to be printed in full, and contains 170 pages of testimony, mainly in the form of questions and answers. The charge of the judge to the jury, and instructions asked on behalf of the appellant, filling several pages, are inserted in the brief of appellant. All of these that are material to the errors assigned are subsequently inserted therein. That the printed case has been prepared in entire disregard of rule 8 of this court, is certain. All of the testimony necessary to a full understanding of the errors assigned could have been included in much less than one-half the number of pages in the printed case. The respondent is entitled, therefore, to a reduction of the amount of costs taxed by the clerk. Austin v. Bacon, 28 Wis. 416;Butler v. Milwaukee & St. P. Ry. Co. Id. 487; Karasich v. Hasbrouck, Id. 569; Leonard v. Barnum, 32 Wis. 601;Paine v. Trumbull, 33 Wis. 164;Marsh v. Supervisors of Clark Co. 42 Wis. 502, 520;Southmayd v. Watertown F. Ins. Co. 47 Wis. 517;S. C. 2 N. W. REP. 1137;Haseltine v. Mosher, 51 Wis. 443;S. C. 8 N. W. REP. 273;Richards v. City of Waupun, 59 Wis. 45;S. C. 17 N. W. REP. 975.
Rule 8 provides that “no costs shall be taxed for printing any case failing to comply with this rule, or so defective as to require reference to the manuscript return.” The rule has never been enforced to its full extent, but the court will not hesitate to do so if that shall be found necessary to secure a due observance thereof.
The motion for a retaxation is granted, without costs, and the clerk is directed to disallow $100 from the bill as taxed, for excess of printing.
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