Sime

This is an appeal from an order made by the trial court taxing costs. An action was commenced in the same trial court by the same plaintiff against the same defendant, judgment went for the plaintiff, and the defendant appealed. The judgment was affirmed. (Sime v. Hunter, 50 Cal. App. 629 [ 195 Pac. 935 ].) The statute governing the allowance of costs on appeal is section 1027 of the Code of Civil Procedure. That section, as amended by Stats. 1919, page 73, provides as follows: “ The prevailing party on appeal shall be entitled to his costs excepting when judgment is modified, and in that event the matter of costs is within the discretion of the appellate court. The party entitled to costs, or to whom costs are awarded, may recover all amounts actually paid out by him in connection with said appeal, and the preparation of the record for the appeal, including the costs of printing briefs; provided, however, that no amount shall be allowed as costs of printing briefs in excess of one hundred dollars to any one party. The appellate court may reduce costs in case of the insertion of unnecessary matter in the record.” Claiming to act under said section, the plaintiff did, after the…