Peoples Ditch Co. v. Foothill Irrigation District

This appeal is from two orders of the Superior Court of Kings County. The first of these orders is entitled ‘ ‘ Order to Correct Minutes ’ ’, made and entered on November 12, 1929, whereby the said court directed that its minutes should be corrected nunc pro iunc as of November 8, 1928, to show that the court ordered the court reporter to prepare a daily transcript of the evidence given in the ease and that the expense of preparing such transcript should be paid equally by the parties to the suit, all amounts paid by the party to whom costs should be awarded to be taxed as costs of the action. The second order from which the appeal is taken is an order whereby the court denied a motion of plaintiffs to tax' costs in the action and to strike from the files of the court defendants’ memorandum of costs.

The trial of the action was commenced on November 8, 1928, and on August 26, 1929, the court rendered its judgment wherein it is ordered and decreed that defendants have and recover two-thirds of their costs and disbursements incurred in the action. On August 27, 1929, defendants served upon plaintiffs and filed with the court their memorandum of costs. On August 28, 1929, plaintiffs…