Matson

This appeal is from an order denying plaintiffs’ motion to strike out the memorandum of costs of certain defendants and taxing said costs at the sum of $82.65. At the close of plaintiffs’ case the court granted a nonsuit g,s to those defendants and judgment was entered in their favor for their costs. ”

[1] Appellants contend that a defendant is not entitled to recover his costs on the granting of his motion for a nonsuit. Section 581 of the Code of Civil Procedure provides : “An action may be dismissed, or a judgment of nonsuit entered ... by the court, upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the jury. ’ ’ Section 1024 provides: ‘ ‘ Costs must be allowed of" course to the defendant upon a judgment in his favor in the actions mentioned in section ten hundred and twenty-two, and in special proceedings.” Under these provisions of the code the defendants were clearly entitled to costs. In Spinks v. Superior Court, 26 Cal. App. 793 [ 148 Pac. 798 ], it is held that when a plaintiff dismisses the action pursuant to section 581 of the Code of Civil Procedure the defendant is entitled to recover costs. No reason appears why a…