Innes v. McColgan

This was an action to recover certain income tax payments made under protest. A judgment for the plaintiff was reversed on appeal. (Innes v. McColgan, 47 Cal. App. (2d) 781 [118 P. (2d) 855].) respondent has moved to recall the remittitur which was issued and to strike .therefrom the words “appellant to recover costs.” He contends that costs should not have been awarded against him since they could not have been awarded against the state if the judgment had been affirmed, and that any interpretation of the rules and statutes would be violative of the constitutional provision as to the…