Ferry

Ferry v. O'Brien

Good Law
1923 Cal. App. LEXIS 341·63 Cal. App. 620·219 P. 467
Court of Appeal of CaliforniaSeptember 5, 1923Civ. No. 4113.California2,026 words

Opinion

Lead Opinion

Curtis, J.

Upon a former appeal of this action the judgment was affirmed and respondent was awarded his costs. The remittitur was filed with the clerk of the trial court May 17, 1922. On May 19th respondent filed with the clerk of said court his memorandum, of costs and disbursements, amounting to $29.50. On May 26, 1922, respondent gave notice that he would, on June 2, 1922, move the court for leave to file a new and further memorandum of costs and disbursements, on the ground that the former one served and filed by him was, by reason of inadvertence and mistake on the part of respondent, incorrectly drawn, and that the items therein were not correct. With this notice of motion respondent served a new memorandum of costs and disbursements, together with the affidavit of his attorney setting forth certain facts which he relied upon as constituting inadvertence and mistake on his part. The only difference between the two memorandums of costs was in the two items for printing the petition for rehearing in the district court of appeal and printing the petition for rehearing in the supreme court. The amount of these items as given in the first cost bill was $13.50, and in the second cost bill…

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