Citation Numbers: 269 P. 490, 126 Or. 250
Judges: PER CURIAM.
Filed Date: 6/12/1928
Status: Precedential
Modified Date: 1/13/2023
In Banc.
Appellants object to the entire cost bill filed by the respondents Douty and Multnomah Lumber Box *Page 252
Company on the ground that they did not prevail in this court and for that reason should not be allowed either costs or disbursements. They also object to the items for the printing of the briefs on the ground that the amount claimed by the said respondents exceeds the statutory limit. The amounts claimed are $381.25 for the principal brief and $23.75 for a supplemental brief filed by permission of the court. Under the statute respondents Douty and Multnomah Lumber Box Company are prevailing parties and entitled to their costs and disbursements. Respondents were forced to come into this court to defend the decree rendered in their favor in the Circuit Court. They are therefore prevailing parties within Or. L., Section 564;Portland O.C. Ry. Co. v. Doyle,
Costs are retaxed in accordance with this opinion.
ROSSMAN, J., did not participate in this opinion. *Page 253