Eaton

Upon a former appeal by the defendant in this case the judgment was affirmed ( 22 Cal. App. 461 , [ 134 Pac. 801 ]). The judgment on appeal was rendered July 7, 1913; became final August 6, 1913; an application for a rehearing in the supreme court was denied within thirty days thereafter; a remittitur from this court went down to the superior court on September 8, 1913. Thereafter respondent filed her memorandum of costs, and appellant applied to the superior court for an order to strike out the memorandum of costs on the ground that the same had been illegally filed, and also demanded that certain items in the cost bill be stricken out upon the ground that they are not legally allowable as costs of the appeal. The items in dispute are: (1) One hundred and four dollars paid for a reporter’s transcript of the testimony taken at the trial and which respondent claims as an expense “for transcript of testimony used by plaintiffs in preparing record on appeal and amendments to defendant’s bill of exceptions used upon appeal.” (2) Ten dollars and eighty cents claimed by respondent as cost of printing answer to defendant’s petition for a rehearing in the supreme court. This appeal is by…