Burr

Plaintiff herein appealed from an order made in the superior court denying his motion to tax the costs claimed by respondents as having been incurred by them as expense on an appeal taken to the supreme court from a judgment theretofore made in the action. That judgment on the appeal taken by respondents was by the supreme court modified. (Burr v. Maclay Rancho Water Co., 160 Cal. 268 , [ 116 Pac. 715 ].) Subsequently a bill of costs was regularly filed in the superior court on behalf jointly of defendant and the interveners who were the appellants in the appeal mentioned. Plaintiff made his objections thereto in due time in writing and moved the court to disallow all of the items of the cost-bill on two grounds: 1. That because of a stipulation entered into between the parties the entry of any costs would be premature; and, 2. That interveners were not entitled to costs, and it could not be ascertained from the joint statement as to what costs were properly chargeable as the expense incurred by defendant and what by the interveners. It seems that after decision by the supreme court, reported in the volume and at the page above stated, the parties entered into a stipulation which,…