Wagner Chisholm v. Dunham

246 S.W. 1044

• Court: Court of Appeals of Texas
• Decided: January 5, 1923
• Docket: No. 895.
• Status: Published

Opinions

On Appellee’s Motion to Retax Costs.

On appellee’s motion to retax costs, a satisfactory showing has been made that no question and answer form of the testimony was filed in the trial court in this case, but only the narrative form, which we have in the record as the statement of facts, which cannot be taxed as an item of costs. Under the present law only a question and answer form can be taxed as costs. Schallert v. Boggs (Tex. Civ. App.) 210 S. W. 601. We would not be understood as holding that the parties may not substitute the narrative for the question and answer form, and by agreement have it taxed as costs, in lieu of the cost that would accrue for the preparation of the question and answer form; but no such showing is made in this case.

Therefore appellee’s motion to retax the costs of this appeal is granted to the extent only of eliminating from the costs taxed against him the item of $46 for the narrative form of statement of facts.