Engel

Plaintiff brought an action against John C. Ehret for slander, claiming that Ehret had told one Tonna that he, Engel, burnt his house down to get the insurance. Plaintiff also brought another action against Mrs. Ehret, wife of the defendant in the first action, in which the husband was joined as defendant, claiming that Mrs. Ehret had made similar statements to a Mrs. Roehrer.

The actions were consolidated and tried together before the same jury, resulting in a verdict for the defendant in each ease.

A cost-bill was filed by defendant in each of the cases, and the appeals are from the orders taxing costs.

Objection is made to the orders of the trial court striking out three several items in each of the cost-bills as follows:

We will first dispose of the respondent’s contention that the order is not an appealable order, not being classified, as counsel assert, as a “special order made after final judgment,” and they invoke Quitzow v. Perrin, 120 Cal. 255 , [ 52 Pac. 632 ], to support their position.

In that case the real question determined was as to the allowance of costs where the amount recovered is less than three hundred dollars. The court, however, basing its conclusions…