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42 Ind. 484

State v. Saxon

Indiana Supreme Court

Decided May 15, 1873

Indiana Supreme Court · decided 1873-05-15

<p>Costs.—Bill of Exceptions.—To present to the Supreme Court any question arising upon a motion to tax costs, a bill of exceptions must have been filed.</p>

Cited by 2 later decisions — most recently January 1885

2 state decisions

Relies on Urton v. Luckey · Judy v. Johnson · Conner v. Winton

Good law ✅— No negative treatment on recordhow we know

Decided 1873-05-15

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Pettit, J.

¶1There is no question in this case properly presented by the transcript for our consideration. The only one attempted to be raised or presented is as to the taxation of costs. The entry of the clerk shows that a motion was made for that purpose and ruled upon by the court. Time was given to file a bill of exceptions, but none was filed, which was essential to present the question of the proper or improper action of the court below on the motion to this court. Urton v. Luckey, 17 Ind. 213; Smawley v. Stark, 16 Ind. 371; Conner v. Winton, 10 Ind. 25.

¶2The judgment is affirmed.*

¶3Petition for a rehearing overruled.

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