Gaffey

This is an appeal from a judgment entered against plaintiff upon the going down of the remittitur from this court, reversing in part an order of the superior court striking out all the items of a cost-bill filed by defendant after the dismissal of an action for slander. (Gaffey v. Mann, 3 Cal. App. 124 , [ 84 Pac. 424 ].) In due time after the filing of the remittitur from this court in the lower court, the defendant filed his memorandum of costs on appeal, and thereafter, and after the expiration of the time for plaintiff to object or except thereto, and plaintiff having filed no objections_ thereto, the court, without notice to plaintiff and in his absence, entered judgment against plaintiff for the sum of $100, as and for defendant’s costs in said court, and the further sum of $32, for his costs incurred on the former appeal.

Appellant now insists that this judgment must be reversed, for the reason that it was taken against him in his absence and without notice. But we do not think that this contention is sound.

Plaintiff brought the action for slander, and thereafter dismissed it, and caused the clerk to enter a dismissal thereof after defendant had incurred costs in taking…