Collins

The defendant, being the successful party at the trial had herein, appeals from an order of the superior court striking out the cost bill filed by him. The ground of the motion to strike out the bill was that it had been filed before decision had been made by the court. It is shown by the minutes of the superior court that trial of this action was had on July 20,1916. The concluding portions of the minutes of the court are as follows: “Cause submitted without argument. Thereupon it is ordered that judgment be ordered for defendant. Findings were waived.” It is made further •to appear by the record that on the day following the defendant served and filed his memorandum of costs and disbursements. It further appears that on the twenty-sixth day of July a form of judgment was presented to the judge, who signed the same, and the clerk filed and entered the judgment so made, leaving blank that portion of it which provided for the recovery of costs to the defendant. On the twenty-seventh day of July, five days having elapsed after the filing and serving of the memorandum of costs, and no objections having been made thereto, the clerk filled in the blank, inserting the total of…