Broy v. Calavera Central Gold Mining Co.

Respondent has made a motion to recall the remittitur heretofore issued in the above-entitled cause and to strike therefrom the portion which assesses costs against respondent. Said motion was made upon the ground that the judgment of the trial court “was ordered modified by this court” and that “no order was made in this court in its opinion rendered in said action that the appellants should recover their costs”.

The opinion in the above-entitled cause (Broy v. Calaveras Central Gold Min. Co., 18 Cal. App. (2d) 371 [64 Pac. (2d) 456, 460]) concluded as follows: “It follows that the judgment…