Soda

This is an appeal from an order granting respondent’s motion for relief under section 473 of the Code of Civil Procedure and allowing respondent to file a cost bill after the thirtieth day provided for by section 1034 of the Code of Civil Procedure.

It is agreed that respondent was entitled to costs had the cost bill been filed within the proper time. Likewise, it is undisputed that the cost bill was not filed within the statutory period provided by section 1034 of the Code of Civil Procedure. It was filed some twenty-four days late.

The appeal presents two questions: First, has a court any authority to relieve respondent from his failure to file his cost bill within the thirty days allowed by section 1034 of the Code of Civil Procedure; second, if such power or authority is found, did the respondent here make a sufficient showing to be entitled to relief.

The original cost bill was filed, as noted, some twenty-four days late. Appellants at once moved to strike said cost bill from the file and likewise moved to tax costs. Upon receipt of this motion to tax, respondent filed and served notice of motion for relief from the failure to file cost bill within the statutory period and…