The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-11-12

OPINION COURT WHITING. ].
plaintiff prevailed equity
entered The plaintiffs counsel presented his bill of for
attorneys and the Circuit Judge of the First Circuit
contest taxed the favorab plaintiff with few excep
tons Defendant appeals this Court certain items
which he claims ought be allowed the ground
the Circuit Judge erred in law allowing the specified items,
and these items alone before for consideration.
The apparently taxed in accordance with pro
visions of the law allowing attorneys fees Comp Laws AZ:
to wit; Attorneys fees:-
(a) Ford drawing any petition plea three dollars.
() For every notice of trial, copy and service dollar.
(c For every other notice in copy and service
dollar.
(d attending upon trial of any cause argu-
ment of any motion; three dollars.
(e) For drawing bill of copy and service dollar
(f) For every attendance before Judge of
COSTS dollar.
(g For every motion for Judgment and other like motions
jh) All actual disbursements by attorney and
deemed reasonable by taxing officer may be allowed
taxation of
It is admitted that on all motions hearing had
contest made.
appealed.
Item B. Replication amended and copy $50
These items properly allowed under Attorneys
Fees (a) for they may well be considered to
within the meaning of the word plea used in this
section.
Item f. Plaintiffs motion to set hearing
Item s. Notice of same 100
Item {. Plaintiffs motion set for further hear
Item Notice Of Observation-Disclosures. LOO
Items should be considered notice of trial under
Section (b) for which of $10O each allow
But Items and are disaiowed for they cannot be
construed as coming within Section (g).
Item TO- Motion for taxation of and copy so
Item II. Notice of LOO
Plaintiffs Attendances.
Section (D For attending upon the trial of any cause
the motion ................. 300
Items objected to by Defendant
Feby Hearing motion for commission to take test
300
Feby % Hearing defendants for
hearing .............. ............. 800
Mar IS. Hearing plaintiffs motion to set for
These tr ne ta we're oocriv allowed to plaintiff
On March p, the trial. and extended into
March 3D. and in addition attendance allowed the plain
March q. Hearing defendants motion quash Bench
,r., % Warrant ti 400 400
Heretofore the Courts taxing have allowed but
attendance the trial and motions incidentally arising during
the hearing although several days be occupied in trying
the and adhere this practice and find applicable
this but do far to there may not
be instances where counsel may be entitled than
attendance fee the day for there be motions
distinct and not involved one with another which require
separate hearing each motion and for each of which an
attendance fee may be allowable.
These two items dsalowed .................. $500
Items of March 25 and March attendance each
day are claimed but only one for each day should
be allowed.
Disallowed .........:......... $500
Item March 81. Hearing of motion for fixing time for
hearing.
Allowed OBSERVATION-DISCLOSURES. 800
Item May g. Hearing of motion for taxation of
Section C) provides for every attendance before
Judge taxation of costs Observation-Disclosures. LOO
$500 disallowed from plaintiffs Bill OF Costs.
RECAPITULATION.
amount of plaintiffs Bill of Costs $4,000
Dsalowed by Circuit Judge-Item No g. 81; Item No
8 81; Items for attendance April -, % and May
6 at hearing So LOO
Now disallowed-
Item No. 4 30
Attendance March 21-one ............. 800
Attendance March 23one .............. 300