Dow v. Ross
California Supreme Court
Appeal from an order of the Superior Court of San Diego County vacating a judgment as to costs, and refusing to relieve the defendant from default. The facts are stated in the opinion.
1Opinion of the Court
Belcher, C.
— The judgment in this case was, that the plaintiff take nothing, and that defendant recover his costs, “adjusted at the sum of $50.50.” The findings on which the judgment was based were filed October 5, 1889. Six days later, on October 11th, one of the attorneys for defendant prepared, verified, served, and filed a memorandum of defendant’s costs, and the amount thereof was afterwards inserted by the clerk in a blank left in the judgment for the purpose. In due time thereafter, the plaintiff moved the court to strike out the costs from the judgment, on the ground that the…
2Cases cited2 opinions
- Mullally v. Irish-American Benevolent SocietyCalifornia Supreme Court · 1886
- O'Neil v. DonahueCalifornia Supreme Court · 1881
3Cited by29 opinions
- Elston v. City of TurlockCalifornia Supreme Court · 1985
- Ledwith v. StorkanDistrict Court, D. Nebraska · 1942
- Miller v. California Roofing Co.California Court of Appeal · 1942
- Mallory v. SeeCalifornia Supreme Court · 1900
- Soda v. MarriottCalifornia Court of Appeal · 1933
24 more not listed; retrieve them via the Exa API.