Legal Opinion

Davis Lumber Co. v. Hubbell

California Court of Appeal

Decided November 18, 1955No. Civ. 8691; Civ. 8692PublishedCited by 10 opinions

1Opinion of the Court

McMURRAY, J. pro tem. *

The above two actions are consolidated by stipulation for the purpose of appeal as both involve the propriety of orders granting motions to strike costs after judgments obtained by plaintiffs in the trial court. These appeals are presented on agreed statements under rule 6 of the Rules on Appeal.

The agreed statements define the issue here as:

“If a prevailing party files his cost bill late, is the [right to object to such] lateness of filing waived by the losing party if the losing party does not file an appropriate objection within five days after receiving the cost…

2Cases cited11 opinions

  1. King v. Superior CourtCalifornia Court of Appeal · 1936
  2. Dow v. RossCalifornia Supreme Court · 1891
  3. Fisher v. EckertCalifornia Court of Appeal · 1949
  4. Mullally v. Irish-American Benevolent SocietyCalifornia Supreme Court · 1886
  5. Markart v. ZeimerCalifornia Court of Appeal · 1925

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3Cited by10 opinions

  1. City & Borough of Juneau v. Commercial Union Insurance Co.Alaska Supreme Court · 1979
  2. Cornell University Medical College v. Superior CourtCalifornia Court of Appeal · 1974
  3. Ellis v. City CouncilCalifornia Court of Appeal · 1963
  4. LeDeit v. EhlertCalifornia Court of Appeal · 1962
  5. MacLeod v. Tribune Publishing Co.California Court of Appeal · 1958

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