Stafford

This is an appeal from an order taxing costs and denying a motion to strike a memorandum of costs from the files.

Appellant objects to an item of costs allowed by the trial court, being the amount paid for a reporter’s tran script of testimony used on a former appeal of the cause under the alternative method. Appellant cites Sime v. Hunter, 55 Cal. App. 157 [ 202 Pac. 967 ], as authority for her claim that such an item is not properly taxable as costs, but the opinion in that action does not possess the force which appellant attributes to it. There the item was for a copy of the reporter’s transcript used on the appeal, the copy having been paid for by the respondent and having been procured for the private use of that party in connection with the appeal. The respondent claimed the item as costs and it was properly disallowed, of course. Here, however, the item claimed was expended by the appellant on the former appeal, respondent here, for the reporter’s transcript which he filed with the district court of appeal under the alternative method. This item was properly allowed under the provisions of section 1027 of the Code of Civil Procedure, providing that a party entitled to…