Sime v. Hunter

This is an appeal from an order made by the trial court taxing costs. An action was commenced in the same trial court by the same plaintiff against the same defendant, judgment went for the plaintiff, and the defendant appealed. The judgment was affirmed. (Sime v. Hunter, 50 Cal. App. 629 [195 Pac. 935].) The statute governing the allowance of costs on appeal is section 1027 of the Code of Civil Procedure. That section, as amended by Stats. 1919, page 73, provides as follows: “ The prevailing party on appeal shall be entitled to his costs excepting when judgment is modified, and in that event…