Federoff

This is an appeal from an order taxing costs. Plaintiff recovered judgment in the action and in due time thereafter served and filed a memorandum of his costs and disbursements. Appellant filed a motion to have the costs taxed by the court, objecting therein to certain items claimed by plaintiff The court overruled the objections and taxed costs in the amount stated in the memorandum. The action was tried three times. Two items allowed as costs were for the expenses of demonstrating a truck, $10.35 at the second trial and $9.50 at the third. Relative to such demonstrations, the bill of exceptions contains the following:

It thus clearly appears that at the second trial the plaintiff offered to pay all expenses of the demonstration and that the court ordered the demonstration made on condition that plaintiff pay the expenses thereof. At the third trial no demonstration was made. It must be held, therefore, that those two items "were improperly allowed.

Certain items were allowed as mileage fees paid to residents of Sacramento who were witnesses at the trial. Section 1989 of the Code of Civil Procedure provides: “A witness is not obliged to attend as a witness before any court,…