Bakersfield Sandstone Brick Co. v. Cascade Oil Co.

The appeal is from the judgment and from an order taxing costs. Appellant contends three points are involved: (a) Are costs pertaining to attachment taxable as necessary disbursements; (b) Was it error to deny motion to strike a new complaint filed after "judgment without leave; (c) Will findings based on such complaint support the judgment?

Respondent bases his motion on the ground that the questions presented are not substantial and require no further argument than is involved in the motion.

(1) It seems to be the right to tax and not the amount taxed that appellant regards as proper to present for adjudication. That matter has been settled. The provisions of section 4300b of the Political Code would be enough, but it was determined in Nisbet v. Clio Min. Co., 2 Cal. App. 436 [ 83 Pac. 1077 ], and Unwin v. Barstow-San Antonio Oil Co., 36 Cal. App. 508 [ 172 Pac. 622 ].

(2) The findings and judgment recite that an order was made giving leave to file the new complaint and there being no record brought to this court by that transcript overcoming the recitals, it will be presumed in support of the judgment that an order was made to file such pleading to conform to the proof.

A…