Christenson

Plaintiff had recovered a money judgment against the defendant, from which the latter appealed. The supreme court modified the judgment and ordered that the defendant recover its costs on appeal. When the remittitur was sent down the defendant, in due course, filed its memorandum of costs in which were included four separate premiums paid on a surety bond to stay execution of that judgment. On motion of the plaintiff these items were ordered stricken from the bill and the appeal is taken from that order.

The right to recover costs is purely statutory. (Turner v. East Side Canal & Irr. Co., 177 Cal. 570, 573 [ 171 Pac. 299 ]; Estate of Gallo, 71 Cal. App. 352, 353 [ 253 Pac. 66 ].) Section 1027 of the Code of Civil Procedure provides that the prevailing party on appeal “may recover all amounts actually paid out by him in connection with said appeal, and the preparation of the record for appeal, including the costs of printing briefs ...” Section 1034 of the Code of Civil Procedure provides that a party seeking to recover costs awarded by an appellate court must file a memorandum of costs verified in the manner prescribed in section 1033, which relates to costs in the trial court.…