Duncombe v. Richards

Stephen W. Duncombe, adm'r v. James S. Richards et ux.

Duncombe v. Richards, 11 N.W. 186 (Mich. 1881)

Court: Michigan Supreme Court · State Highest Courts
Decided: January 5, 1881
Citations: 11 N.W. 18647 Mich. 6461881 Mich. LEXIS 489

Cited by 0

Headnotes

Gommismnm's' fees — Taxation of costs. Commissioners’ fees should be taxed in the lower court; and should not be taxed in gross. Charges for copy and for the testimony of a party should not be allowed in taxing costs except upon a proper affidavit of disbursements.

Summary

Mandamus to compel re-taxation of costs.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Mcmdctmus. The taxation of commissioners’ fees in gross was improper. Besides they should have been taxed in the court below. The charges for briefs, if the several amounts were not too large, may stand. The charges of $10 for copy and $10 for testimony of Biehards should only have been allowed on a proper affidavit of disbursements.

Matter referred back to taxing officer.

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Cited by 0 cases

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