Platnauer

A judgment was rendered by said superior court finding petitioner guilty of contempt and, upon petition to this court, said judgment was set aside upon the ground that the conduct of petitioner was not such as to justify said finding. (Platnauer v. Superior Court of Sacramento County, 32 Cal. App. 463 , [ 163 Pac. 237 ].) Petitioner thereupon filed in this court a memorandum of his costs incurred in the above-entitled proceeding which respondent has moved the court to strike out “upon the ground that the decision and judgment of the court in said matter did not award costs to the petitioner, and upon the further ground that costs are not recoverable by petitioner in any event in said matter and are not authorized or allowed by law. ’ ’

Petitioner claims that he is entitled to his costs by virtue of sections 1027 and 1032 of the Code of Civil Procedure. The former provides: “The prevailing party on appeal shall be entitled to his costs excepting when judgment is modified, and in that event the matter of costs is within the discretion of the appellate court,” etc. Section 1032 is: “When the decision of a court of inferior jurisdiction in a special proceeding is brought before a…