Legal Opinion

Naylor v. Adams

California Court of Appeal

Decided February 11, 1911No. Civ. No. 775PublishedCited by 13 opinions

APPEAL from an order of the Superior Court of Tehama County granting a motion to retax costs. John F. Ellison, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtHart, J.

On the motion of defendant to retax the costs in the above-entitled action, the court disallowed and ordered stricken from plaintiff’s cost bill the witness fees and mileage claimed for the witnesses, Stanley and Runnels, aggregating in amount the sum of $39.50.

It is first objected by plaintiff that the trial court should not have considered the motion, for the alleged reason that he was not given the notice thereof prescribed by the statute, the claim being that he was entitled to eighteen days’ notice, whereas he received but fourteen days’ notice. Since it transpires that plaintiff did in…

2Cases cited1 opinion

  1. Linforth v. San Francisco Gas & Electric Co.California Court of Appeal · 1908

3Cited by13 opinions

  1. Carr v. SternCalifornia Court of Appeal · 1911
  2. Zelavin v. Tonopah Belmont Development Co.Nevada Supreme Court · 1915
  3. Fabricant v. Superior CourtCalifornia Court of Appeal · 1980
  4. Brown v. Superior CourtCalifornia Court of Appeal · 1924
  5. Del Mar Canning Co. v. Pacific Gas & Electric Co.California Court of Appeal · 1941

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