Stimson Canal & Irrigation v. Lemoore Canal & Irrigation Co.

The point involved in the three cases above entitled is identical, and they may be considered together.

The judgment in each case quieted the plaintiff’s title to certain water rights subject to the title of the appellant, and the court awarded plaintiff its costs. The appellant moved to strike out the plaintiff’s cost bill. From the order in each case denying the motion the appeal is prosecuted.

It is conceded that the action concerning as it does the water rights of the parties in a certain river in Fresno County, is an action in the nature of a suit to quiet title to real property. It falls, therefore, so far as regards costs within the provisions of section 1022 of the Code of Civil Procedure, which declares that “Costs are allowed of course to the plaintiff, upon a judgment in his favor, in the following cases: ... 5. In an action which involves the title or possession of real estate. ...” While it is true that the plaintiff did not receive all that it asked for in its complaint, nevertheless it recovered a judgment for part of its demand, and is therefore entitled to costs (Hoyt v. Hart, 149 Cal. 722, 731 , [ 87 Pac. 569 ] ; F. A. Hihn Co. v. City of Santa Cruz, 24 Cal.…