Heimann v. City of Los Angeles

Plaintiffs appeal from an order taxing their costs on appeal. Their memorandum of costs included items aggregating $268.98 for printing briefs, petitions for rehearing and hearing, and answer to petition for rehearing, in this action in eminent domain. Upon motion of defendants, the superior court taxed their costs for such printing at $100.

Appellants contend that it was error to strike $168.98 from their cost bill, for the reason that the “$100 excess rule does not apply to an eminent domain case because it would take from the plaintiff the sum of $168.98 on his recovery of damages for the…