Candler v. Washoe Lake Reservoir & Galena Creek Ditch Co.

• Decision Date: 26 September 1905
• Docket Number: 1,666.
• Citation: 82 P. 458,28 Nev. 422
• Parties: CANDLER et al. v. WASHOE LAKE RESERVOIR & GALENA CREEK DITCH CO.
• Court: Nevada Supreme Court

82 P. 458

28 Nev. 422

CANDLER et al. v. WASHOE LAKE RESERVOIR & GALENA CREEK DITCH CO.

No. 1,666.

Supreme Court of Nevada

September 26, 1905

On motion to strike out cost bill. Granted.

For former opinion, see 80 P. 751.

Mack & Farrington, for appellants.

Cheney & Massey, for respondent.

NORCROSS J.

The appellant in this case was awarded its costs upon appeal. See opinion 80 P. 751. Subsequent to the filing of the opinion and decision in the case, but before the time had elapsed for issuance of remittitur, counsel for appellant filed with the clerk of this court a cost bill, covering the fees and charges of the clerk of this court, the cost of typewriting the transcript on appeal, and what doubtless is the costs of the clerk of the lower court in perfecting the appeal. Counsel for respondent have moved to strike this cost bill from the files, upon the ground that it was not filed within the time prescribed by statute or rule of court.

While the decision in this case gave the appellant its costs upon appeal, appellant must come within the laws or rules regulating the matter of costs, to make the decision in respect to costs effectual. Costs can only be recoverable in pursuance of the provisions of statute or rule of court. McKenzie v. Coslett, 28 Nev. --, 80 P 1070. Subdivisions 1 and 2 of rule 6 of this court (73 Pac. xiii) read as follows: "(1) The expense of printing or typewriting transcripts, affidavits, briefs or other papers on appeal in civil causes and pleadings, affidavits, briefs or other papers constituting the record in original proceedings upon which the case is heard in this court required by these rules to be printed or typewritten, shall be allowed as costs, and taxed in bills of costs in the usual mode: provided, that no greater amount than twenty-five cents per folio of one hundred words shall be taxed as costs for printing, and no greater amount than twelve and one half cents per folio for one copy only shall be taxed as costs for typewriting. All other costs to be taxed by the clerk in accordance with the fee bill. (2) Either party desiring to recover as costs his expenses for printing or typewriting in any cause in this court, shall before said cause is submitted, file with the clerk and serve upon the opposite party a verified cost bill, setting forth or stating the actual cost of such printing or typewriting, and no greater amount than such actual cost shall be taxed as costs."

The method of...