Ross

This is an appeal from an order striking out plaintiff’s memorandum of costs. The sole question is: Was the memorandum served and filed in time?

The action was brought to recover possession of an automobile. It appears from the bill of exceptions that at the conclusion of the trial on November 30, 1920, “the court announced that in its opinion judgment should be for the plaintiff for the return of said property or the value thereof, found to be $750, and for costs of suit.” It further appears that findings were waived by defendant. Thereafter, but how soon does not appear, the clerk made an entry in the minute-book, under date of November 30, 1920, which, after reciting that the cause had been tried, argued, and submitted, and that the court had duly considered the evidence, states that the court “now renders its decision from the bench and orders that judgment be entered herein in favor of the plaintiff and against the defendant for the recovery of the possession of the automobile described in the complaint or $750 in lieu thereof, and for costs of suit. Findings waived in open court. Let judgment be entered accordingly.” The entry mentioned in the final sentence of this minute…