Hollinger v. Medina

In an action against the owners of a ship for injuries received on the high seas, the plaintiff recovered a judgment for $1000 which was affirmed on appeal. (Hollinger v. Medina, 39 Cal. App. (2d) 753 [104 Pac. (2d) 91].) The plaintiff then filed a cost bill totaling $171.55. The defendant moved to strike the cost bill on the ground that the plaintiff was not entitled to recover costs and the plaintiff has appealed from the order granting this motion.

Section 1032 of the Code of Civil Procedure provides, in respect to an action tried in the superior court, that a plaintiff shall not recover…