Marcus v. Redmond

Upon appeal from a judgment admitting the will of decedent to probate in a contest instituted before probate, the judgment was affirmed by this court. (Estate of Marcus, 14 Cal. App. (2d) 254 [58 Pac. (2d) 385].) In its decision the court made no specific directions concerning costs on appeal, the general rule concerning costs being that “in all eases in which the judgment or order appealed from is affirmed, [and the order contains no directions as to the costs of appeal] the clerk will enter upon the record, and insert in the remittitur, a judgment that the respondent recover the costs of…