State v. Self
State v. Self
Opinion of the Court
delivered the opinion of the court.
Several items of cost taxed by the clerk in this case are objected to by the Attorney General.
1. The clerk charges ten cents for handing out records and taking the receipt from counsel where the court is not in session. The Code, sec. 4551, sub-sec. 50, provides, “ for each search of record out of court, ten cents.” The charge is erroneous. The “search” provided for refers to .searches of the minutes made out of court, and not to handing out transcripts to counsel.
3. The clerk charges twenty-five cents for the order entered for remanding. Code, sec. 4558, sub-sec. 5, provides, “for every order entered, twenty-five cents.” After the final judgment is entered, then follows an order for remanding the cause, which is also entered. The charge is within the words of the Code.
4. The clerk charges “for motion entered, twenty cents.” This is the motion against the State, and is allowed by sec. 4558, sub-sec. 3. He charges “for order entered, twenty-five cents.” This is the order of the court directing the costs to be copied on the minutes. He then charges for the judgment against the State, seventy-five cents, which is authorized by sec. 4558, sub-sec. 10. The Attorney General thinks the fee of seventy-five cents for the judgment includes the other two items for “motion entered, twenty cents,” and for “ order entered, twenty-five cents.” As the provision giving a fee of seventy-five cents for judgment does' not exclude the idea of separate fees “for motion and order entered/’ we are of opinion the clerk’s charges are correct.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.