Fischer v. Bayer

• Decision Date: 19 December 1922
• Citation: 211 P. 162,108 Or. 311
• Parties: FISCHER v. BAYER ET AL.
• Court: Oregon Supreme Court

211 P. 162

108 Or. 311

FISCHER v. BAYER ET AL.

Supreme Court of Oregon

December 19, 1922

In Bank.

Action by E. J. Fischer against J. C. Bayer, trustee, the Eastern Irrigation, Power & Lumber Company, and others. Judgment for plaintiff. Order reversed as to the named defendants (210 P 452). On objections by plaintiff to cost bill filed by named defendants. Objections sustained in part.

C. A Sheppard, of Portland, contra.

BROWN J.

Objection has been made to the cost bill filed on behalf of J. C Bayer, trustee, and Eastern Irrigation, Power & Lumber Company, a corporation.

Respondent objects to item, "Premium on bond two years at $28,00, $56.00," upon the ground that the same is not a chargeable item in the cost bill; there being "no provision therefor under the laws of this state."

The law of this state is otherwise. Paragraph 5, section 25a, chapter 203, General Laws of Oregon 1917, reads:

"In all actions and proceedings a party entitled to recover disbursements therein shall be allowed and may tax and recover such sum paid a person or company for executing any bond, recognizance, undertaking, stipulation, or other obligation therein, not exceeding, however, one per cent. on the amount of such bond, recognizance, undertaking, stipulation, or other obligation during each year the same has been in force."

This is codified in subdivision 5, section 6438, Or. L.

Based upon the amount of the bond in the case at issue, the sum properly chargeable is $34, and no more.

Objections are filed to an item of $99 for "printing appellants' abstract of record and appellants' brief." Rule 29 of the Supreme Court is as follows:

"It shall be the duty of the clerk in taxing costs to allow the prevailing party the actual cost of printing his abstract or brief (for not exceeding forty copies). But he shall not allow exceeding $1.25 a page, including cover, unless for special reasons apparent in the record it shall be otherwise ordered." 100 Or. 754, 202 P. xiii.

Under this rule, the prevailing appellants are entitled to recover $76.25 for printing abstract and brief.

As provided by section 931, Or. L., the prevailing parties are entitled to recover for the transcript of testimony at the rate of $.15 per folio, or the sum of $73.80.

Chapter 322, General Laws of Oregon 1921, is an act providing for taxation and costs in the Supreme Court on appeal. Section 1 reads:

"When costs are allowed to the prevailing party on appeal to the Supreme Court, the appearance fees, trial fees, attorney fees, as provided by law; the necessary expenses of transcript or abstract, as the law or rules require; the printing required by rule of the court, and

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