Gaffey

Appeal by defendant from an order of the court striking out all the items of defendant’s cost-bill.

Respondent’s objection that this court has no jurisdiction of the appeal for the reason that the entire amount of the costs claimed did not amount to $300 is not well taken. The amount claimed in the complaint was $50,000, which brings the case within the jurisdiction of the supreme court. See Harron, v. Harron, 123 Cal. 508 , [ 56 Pac. 334 ], which overrules earlier cases to the effect that the amount of the cost-bill governs the question of jurisdiction upon an appeal from an order taxing costs.

Plaintiff commenced an action against defendant for slander May 8, 1903, but no summons was ever issued thereon. On May 19, 1904, defendant, by his attorneys, served on plaintiff’s attorney a notice that he would move the court on May 27, 1904, for an order dismissing the action, and for a judgment in favor of defendant for $100 counsel fees, and $2.50 costs, upon the grounds that more than one year had elapsed since the filing of the complaint' and no summons had been issued and no bond filed for costs. May 20, 1904, plaintiff, by his attorney, dismissed the action by entry on the…