Harris v. Pudney

This is” a motion for taxation of costs, pursuant to section 3265 of the Code of Civil Procedure. The disputed item is a trial fee cláimed by defendant. The case was number 5 on the calendar of the December, 1915, term of this court. There were only six civil cases in all on the calendar. The facts as to the transaction at the term, as shown by the clerk’s minutes, the court’s minutes and the affidavits, are that when number 1 was called the attorney for the defendant stated there would be no appearance on behalf of the defendant, and that plaintiff could put in his proof at any time, which,…