Estate of Steehler

THE COURT.

This was an inheritance tax case. The decision of this court in reversing the judgment made no provision for the recovery of costs. The clerk, however, issued a remittitur containing the provision “the appellants to recover costs of appeal.” The present motion is to recall the remittitur and to strike from it the last-named provision. The motion is, therefore, limited to the question as to whether or not the costs on appeal were recoverable against this respondent. The inheritance tax statute (Stats. 1921, p. 1520), section 17, subdivision 5, provides with reference to the state…