Estate of Bell

Bell v. Nat'l Bank of D. O. Mills & Co.

Good Law
157 Cal. 528·1910 Cal. LEXIS 290·108 P. 497
Supreme Court of CaliforniaApril 4, 1910S.F. No. 5317.California1,466 words

Opinion

Lead Opinion

Sloss, J.

Appeal from an order denying a motion to tax costs on appeal.

Teresa Bell applied to the court in which the estate of Thomas Bell, her deceased husband, was pending, for an order of family allowance. Nineteen creditors appeared and opposed the application. An order granting the allowance was made. From this order the creditors appealed. Eighteen of them joined in a single notice of appeal. A separate notice was-given by the nineteenth, the National Bank of D. O. Mills & Co. The appeals came up separately, that of the eighteen being numbered S. F. 4582, and that of National Bank of D. O. Mills & Co., S. F. 4583. In each case the order was by this court reversed. ( 153 Cal. 331 , [ 95 Pac. 372 ]; 153 Cal. 345 , [ 95 Pac. 378 ].) In due time the successful appellant in No. 4583 filed its memorandum of costs, claiming costs in the sum of $577, made up as follows: For printing transcript, $544.50; paid clerk of superior court for certifying to transcript, $22; paid clerk of supreme court for filing transcript, $10; fees of clerk of superior court on filing remittitur from supreme court, 50 cents. The respondent (appellant here) moved the court to tax the costs by striking out the…

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