Gordon v. Munn

The opinion of the court was delivered by

Porter, J.:

After the judgment in this case was reversed (ante, p. 242) the appellee filed certain objections to the allowance of costs taxed against her. On the hearing of the motion to retax, it was claimed that it would be inequitable to tax the costs at this time against the appellee, and that by the provisions of the new code the allowance of costs of appeal rests entirely within the discretion of this court. The provision of the old code (Civ. Code, § 562, Gen. Stat. 1901, § 5048), was as follows:

“When a judgment or final order is reversed, the…