Kikugawa

This is an appeal from an order denying the motion of defendant to strike from the files plaintiff’s amended cost bill on appeal and denying his motion to tax costs. The plaintiff recovered a money judgment against the defendant for certain repairs to defendant’s automobile, which automobile had been attached by the plaintiff. An appeal was taken by the defendant to this court, which affirmed the judgment. A petition for hearing by the su preme court was denied and upon the filing of the remittitur the plaintiff presented its cost bill upon appeal which included the following items: Printing brief in district court of appeal, $36.25; printing brief in supreme court, $21.25; sheriff’s fees for storage of automobile under attachment from May 28, 1922, to November 22, 1923, $272.

The plaintiff had recovered as costs in the action the storage charges for the automobile up to the time of judgment, and the cost bill upon appeal attempted to include an amount to cover this item for the period during which the appeal was pending.

The question presented is whether or not such an item is allowable under the provisions of section 1027 of the Code of Civil Procedure, governing costs upon…