Blair

Plaintiff herein heretofore appealed to this court from a judgment entered in favor of defendant and by that appeal secured a reversal of the judgment, with an order that he might recover his costs of appeal. Upon the going down of the remittitur he duly filed in the superior court a memorandum setting forth a statement of costs and disbursements accruing upon the appeal. This bill of costs contained an item of $26.60 purporting to be for money paid to the official reporter of the superior court for transcript of evidence, and the items of $22.50 and $13.50 designated as the amounts paid for having printed the opening and closing briefs filed on behalf of appellant on the appeal. Defendant objected to these items being charged on the ground that they were not such as were taxable against it and the superior court disallowed the same. From that order the plaintiff has now appealed.

Section 1033 of the Code of Civil Procedure provides that the party in whose favor a judgment is rendered, and who claims his costs, “must deliver to the clerk, and serve upon the adverse party, ... a memorandum of the items of his costs and necessary disbursements in the action, . . . verified by the…