Griffith v. Welbanks & Co.
California Court of Appeal
APPEAL from an order of the Superior Court of Napa County striking memorandum of costs from files. Henry C. Gesford, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
HART; J.
This is an appeal from an order striking from the files the plaintiff’s memorandum of costs in this action.
The order appealed from was based upon and is the culmination of a motion duly interposed by the defendant for that purpose upon the ground that the plaintiff did not serve upon it or its attorney a copy of said memorandum of costs within five days after the rendition by the jury of the verdict in this action, as required by section 1033 of the Code of Civil Procedure.
Said motion was supported by an affidavit by the attorney for the defendant in which it is alleged that the…
2Cases cited4 opinions
- Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
- Carpy v. DowdellCalifornia Supreme Court · 1900
- Hotchkiss v. SmithCalifornia Supreme Court · 1895
- Galindo v. RoachCalifornia Supreme Court · 1900
3Cited by9 opinions
- Soda v. MarriottCalifornia Court of Appeal · 1933
- Holmes v. AndersonCalifornia Court of Appeal · 1928
- Coast Electric Service, Inc. v. JensenCalifornia Court of Appeal · 1931
- San Francisco Unified School District v. Board of National MissionsCalifornia Court of Appeal · 1954
- Davis Lumber Co. v. HubbellCalifornia Court of Appeal · 1955
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