Monson v. Fischer

This is an appeal from so much of an order taxing costs on appeal as allows to defendant an item of $116 incurred by her as costs on trial of the action in the court below.

The trial on its merits resulted in judgment for plaintiffs, which was reversed on appeal (Monson v. Fischer, 118 Cal. App. 503 [5 Pac. (2d) 628]). Under section 1034 of the Code of Civil Procedure and within the time allowed, defendant filed a memorandum covering her costs on appeal and included therein the aforesaid item. Plaintiffs moved to retax said costs by striking from the bill said item. This motion was denied and…