Legal Opinion

Miller v. Highland Ditch Co.

California Supreme Court

Decided September 9, 1891No. 14170PublishedCited by 32 opinions

Appeal from an order of the Superior Court of San Bernardino County refusing to retax costs. The facts are stated in the opinion.

1Opinion of the Court

Belcher, C.

This is an appeal from an order of the court below refusing to retax the plaintiff’s costs.

It appears from the bill of exceptions that a duly verified memorandum of costs, a copy of which is set out, was filed by the plaintiff in proper time.

One of the items in the memorandum is as follows: “ Paid J. B. Pope for map introduced in evidence, adopted by judge in his findings, and made part thereof, five hundred dollars.”

Other items are for the attendance of witnesses a stated a number of days.

The defendants served and filed in due time notice of motion to retax the costs, and their…

2Cases cited4 opinions

  1. Mark v. . City of BuffaloNew York Court of Appeals · 1881
  2. Barnhart v. KronCalifornia Supreme Court · 1891
  3. Faulkner v. HendyCalifornia Supreme Court · 1889
  4. Haynes v. MosherNew York Supreme Court · 1857

3Cited by32 opinions

  1. City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
  2. Bathgate v. IrvineCalifornia Supreme Court · 1899
  3. Oak Grove School District v. City Title InsuranceCalifornia Court of Appeal · 1963
  4. Simms v. County of Los AngelesCalifornia Supreme Court · 1950
  5. Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904

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