Tingley v. Bellingham Bay Boom Co.

• Decision Date: 24 May 1893
• Citation: 33 P. 1055,5 Wash. 644
• Court: Washington Supreme Court
• Parties: TINGLEY v. BELLINGHAM BAY BOOM CO.

33 P. 1055

5 Wash. 644

TINGLEY v. BELLINGHAM BAY BOOM CO.

Supreme Court of Washington

May 24, 1893

On motion to retax costs.

For former opinion, see 32 P. 737.

DUNBAR, C.J.

The respondent moves to retax the costs allowed by the clerk of this court on appellant's cost bill. The item objected to in this case is the item of $198.60 for the transcript. So far as the amount paid by appellant to the stenographer for the purpose of preparing the statement of facts is concerned, this court has already held that such an item is not a disbursement contemplated by the statute, and cannot be taxed as costs. See Brown v. Winehill, 4 Wash. 98, 29 P. 927. It appears by affidavits accompanying this motion and by the counter affidavits of the appellant that the transcript was prepared by appellant, and that, in consideration of that fact, the clerk only charged the appellant half price, or 10 cents per folio, for examining and certifying the same, and that in reality all that was paid by the appellant to the clerk or to any officer of the court for the transcript was the sum of $59.25, and this amount, we think, is all he is entitled to recover as costs from respondent. It is doubtless true that the transcribing of the transcript cost appellant something; but the allowance of such expenses as costs would, we think, be liable to lead to abuses, and to endless controversies, and are not such costs as are contemplated by statute. The bill is therefore retaxed, and the item of $198.60 is reduced to $59.25.

SCOTT, HOYT, STILES, and ANDERS, JJ., concur.