Paley v. Smith

The defendant insists upon a full bill of costs as a matter of right upon the decision sustaining the demurrer to the complaint in this, an equity action. Costs in an equity action are discretionary, both as to the granting and as to the amount, except that the total amount cannot exceed that authorized by statute. Code Civ. Pro., § 3230.

In actions at law, costs upon the sustaining of a demurrer are not discretionary, but must be allowed in the amount specified by statute; fifteen dollars after notice of trial and twenty dollars trial fee. 2 Rumsey Pr. 273; DeTurckhein v. Thomas, 113 App.…