Galbraith v. Panini

THOMPSON, J., pro tem.

This is an appeal from an order taxing costs. Plaintiffs instituted a proceeding to revoke the probate of the will of Annie Gallo, deceased. At the close of plaintiff’s case a nonsuit was granted. On appeal the judgment of nonsuit was reversed. (61 Cal. App. 163 [214 Pac. 496].) For the purposes of that appeal plaintiffs ordered a transcript of testimony from the reporter at an expense of $282.60. Upon the return of the remittitur, in due time, plaintiffs filed their bill of costs, including this item for reporter’s transcript. On defendant’s motion to tax costs this…