Kohn

In the above action, as originally prosecuted, plaintiff secured judgment in the trial court. An appeal was taken under the alternative method, but the judgment was affirmed. (Kohn v. Kempner et al., 59 Cal. App. 621 [ 211 Pac. 805 ].) Subsequently plaintiff herein (respondent on the original appeal) filed a memorandum of costs, included in which was an item for the sum of $32, paid hy him to the stenographic reporter and the clerk of the court for a copy of the transcripts on appeal in said cause. Upon motion to tax costs this item was stricken out. The appeal is from said order.

The cost of the transcript on the original appeal was incurred and paid by appellant therein (respondent here); but it is now claimed, in support of this appeal, that “It was just as necessary for the respondent on that appeal to have these transcripts before him in defending the judgment and resisting the contention of the appellants herein, as it was for the Appellate Court to have the same transcripts before it in determining the sufficiency and validity of the judgment attacked.” In support of this position appellant relies upon that portion of section 1027 of the Code of Civil Procedure which…