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3 Utah 25

Smith v. Fisher

Utah Supreme Court

Decided June 15, 1881

Utah Supreme Court · decided 1881-06-15

The appeal of defendant having been dismissed with costs, respondent taxed as costs an attorney’s docket-fee of ten dollars, which was the only item appearing in the cost bill as filed. The respondent moved to retax the costs.

Decided 1881-06-15

¶1Tbe court, no opinion being filed, overruled the motion to retax costs, holding that as it had been the custom of the bar, which custom had been recognized by the court, to tax, as costs incurred by the prevailing party on an appeal, an attorney’s docket-fee of ten dollars under the fee bill of the United States, that practice would not now be disturbed.

¶2All the justices concurred.

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