Luke v. Mississippi Employment Sec. Commission

• Decision Date: 17 October 1960
• Docket Number: No. 41516,41516
• Citation: 123 So.2d 696,239 Miss. 292
• Parties: Ruth LUKE v. MISSISSIPPI EMPLOYMENT SECURITY COMMISSION.
• Court: Mississippi Supreme Court

Page 696

123 So.2d 696

239 Miss. 292

Ruth LUKE v. MISSISSIPPI EMPLOYMENT SECURITY COMMISSION.

No. 41516.

Supreme Court of Mississippi.

Oct. 17, 1960.

Crawley & Brooks, Kosciusko, for appellant.

Gordon L. Smith, Jackson, for appellee.

McELROY, Justice.

On Motion to Retax Costs

The appellant has filed a motion to retax the costs in this case. The grounds for the motion is that the cost should not be allowed to the circuit court for the reason that they are grossly excessive and the bill was not made out according to law. An examination of the record herein shows that the clerk's certificate of cost for the transcript of record is $55.24 and does not show the number of words in the transcript. The transcript consists of forty-four pages. The clerk is allowed 25cents for every hundred words, and four figures shall be considered one word according to Section 3934 (Amended) of the Code of 1942, Recompiled. As to the circuit clerk, we do not find her certificate showing the number of words transcribed.

We are of the opinion that the motion is well taken and is sustained. However, the circuit clerk is allowed thirty days within which to furnish the Clerk of the Supreme Court certified statements of the costs as provided by law. Superior Oil Co. v. Foote, 216 Miss. 728, 63 So.2d 137, 64 So.2d 355, 65 So.2d 453; Neshoba County Gin Ass'n, A. A. L., Inc. v. Johnson, Miss., 87 So.2d 927.

Motion sustained.

HALL, P. J., and HOLMES, ETHRIDGE and GILLESPIE, JJ., concur.