Court costs; how taxed and entered.

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33-145. Court costs; how taxed and entered.

In all actions, motions, and proceedings in the Supreme Court, Court of Appeals, district courts, separate juvenile courts, and county courts, the costs of the parties shall be taxed and entered on the record separately.

Source

  • R.S.1866, c. 19, § 26, p. 170;
  • R.S.1913, § 2470;
  • C.S.1922, §§ 2411, 2412;
  • C.S.1929, § 33-150;
  • R.S.1943, § 33-145;
  • Laws 1991, LB 1, § 4;
  • Laws 1991, LB 732, § 98.

Annotations

  • The requirement of this section is satisfied if a separate itemized statement of the costs appears on the margin of the record. Kissenger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).

  • It is the duty of the clerk to tax the costs of each party separately, and where all costs have been entered up in one general fee bill, a motion to retax the costs separately is proper. Wallace v. Flierschman, 22 Neb. 203, 34 N.W. 372 (1887).

  • Where the costs of each party have not been taxed separately and a motion to retax costs separately has been filed, the judgment may be reversed, not upon the merits, but only so far as is necessary to correct the error in the taxation of costs. Cooper & Co. v. Hall, 22 Neb. 168, 34 N.W. 349 (1887).


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