Burnham v. Hays
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The cause upon which the question of costs (which was the only question presented to the Supreme Court), arose, was tried on the 5th May, 1852, and a verdict rendered for the plaintiff, for $4000, upon wliich judgment was entered on the same day for the amount of the verdict, and costs and disbursements incurred by the plaintiff in his action, amounting to $409 80. On the 6th May, a bill of costs was filed,…
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Appeal from the Superior Court of the City of San Francisco. The cause upon which the question of costs (which was the only question presented to the Supreme Court), arose, was tried on the 5th May, 1852, and a verdict rendered for the plaintiff, for $4000, upon wliich judgment was entered on the same day for the amount of the verdict, and costs and disbursements incurred by the plaintiff in his action, amounting to $409 80. On the 6th May, a bill of costs was filed, corresponding in amount to the above sum of $409 80, to which was appended the following affidavit :— “ State of California,…
1Opinion of the CourtWells, Justice
Heydenfeldt, Justice, concurred.
Upon an examination of this case, on rehearing, I am satisfied that the decision heretofore rendered by this court by my associates was correct, and should be adhered to.
The court below, in allowing the plaintiff to amend his bill of costs, and the affidavit accompanying it, exercised a legal discretion which it was competent for it to do, by virtue of the 68th section of the Practice Act, and the defendant cannot say that such discretion was abused, inasmuch as it resulted to his benefit by the reduction of the amount of charges against him. Nor can it be said…
2Cited by12 opinions
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- In re MitchellCalifornia Supreme Court · 1898
- Rey v. BarclayCalifornia Supreme Court · 1891
- Puppo v. LarosaCalifornia Supreme Court · 1924
- Orr v. HaskellMontana Supreme Court · 1876
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