Opinion
No. 4012.
Argued February 2, 1959.
Decided February 10, 1959.
MOTION FOR TAXATION OF COSTS.
RICE, C.J., STAINBACK AND MARUMOTO, JJ.
W.Y. Char for appellant, for the motion.
Clarence W.H. Fong ( Fong, Miho Robinson) for appellees, partly contra.
Plaintiff-appellant who prevailed in this court filed a motion for taxation of costs, as follows:
Complaint and 19 services _________________________ $ 62.50 Deposition of Chang Chan __________________________ 36.00 Cost on appeal ____________________________________ 25.00 Notary fee ________________________________________ .50 Order to show cause _______________________________ 4.50 Deposition ________________________________________ 2.00 Service of notice and order of deposition _________ 3.00 Transcripts of hearing ____________________________ 10.80 _______ $144.30
Defendants-appellees agree that the cost on appeal and the amount paid for transcripts of hearing are taxable. They resist the taxation of other items on the ground that they are circuit court costs as to which final liability is not determined until final judgment. ( Kamalu v. Lovell, 5 Haw. 181.) In Tyler v. Wise, 21 Haw. 166, this court sua sponte held as to an item of costs in the circuit court: "As the case was sent back for a new trial, we think it proper that this item should abide the final result in the lower court * * *." However, in Coulter v. Schofield, 32 Haw. 426, this court held that R.L.H. 1925, § 2553, now R.L.H. 1955, § 219-16, gives the party prevailing in this court the right to the present allowance of the costs in the circuit court, "though their final award may abide the event." Coulter v. Schofield is the last authoritative ruling of this court on the question and we follow the ruling there.
Plaintiff-appellant's motion is granted, and costs are taxed in the sum of $144.30.