Stoddard v. Treadwell
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. This case will be found reported in 26 Cal. 294. On the re-trial, the Court allowed plaintiff his costs in the District Court incurred in the first trial. The other, facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, C. J.
Only a question of costs is involved in this appeal.
Two trials have been had in the case, in both of which the plaintiff was successful. From the first judgment the defendants appealed to this Court and obtained a reversal and a new trial. On the second trial the plaintiff filed a bill of costs in which he included the costs of the first trial. Thereupon the defendant made a motion to retax by striking out all costs claimed for and on account of the first trial, which was denied; and hence this appeal.
We think the ruling of the Court below is sustained by the…
2Cases cited3 opinions
- Visher v. WebsterCalifornia Supreme Court · 1859
- Ex parte BurrillCalifornia Supreme Court · 1864
- Gray v. GrayCalifornia Supreme Court · 1858
3Cited by20 opinions
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- Perko's Enterprises, Inc. v. RRNS ENTERPRISESCalifornia Court of Appeal · 1992
- Brunnabend v. TibblesMontana Supreme Court · 1926
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