Cain

This is an appeal from an order denying the defendant’s motion to retax the plaintiff’s costs in the above-entitled action.

Upon the hearing of the motion the only objection urged to the cost bill related to the charge of $30.65 for the printing of the plaintiff’s brief in reply to the brief of the defendant upon the latter’s appeal from the judgment originally entered in the action in favor of the plaintiff. The sole point made in this court in support of the appeal is that when the plaintiff’s reply brief was filed upon the original appeal the expense incurred for the printing of such brief was not allowable as an item of costs, and that therefore such item could not be properly taxed against the defendant by the lower court upon the going down of the remittitur.

The plaintiff’s reply brief upon the original appeal was filed in this court on May 27, 1913, and at that time “there was no provision by rule or statute authorizing the taxing as costs of the expense of printing briefs ...” (Estate of Prager, 167 Cal. 737 , [ 141 Pac. 369 ]); but upon August 10, 1913, an amendment to section 1027 of the Code of Civil Procedure went into effect, whereby the prevailing party upon an…