Sellick v. De Carlow

This is an appeal from an order made after final judgment, denying defendants’ motion to strike out plaintiff’s cost bill and its amount froi/n the judgment. The action was for an injunction restraining defendants from diverting certain water, and for damages. Judgment was rendered for plaintiff, restraining defendants as prayed for, and for twenty dollars damages. The decision—that is, the findings — and the judgment were filed and entered March 20, 1891; and the cost bill in question was filed March 16th, —four days before the decision. Section 1033 of the Code of *645Civil Procedure provides…