Sellick

This is an appeal from an order made after final judgment, denying defendants’ motion to strike out plaintiff’s cost bill and its amount froi/n the judgment. The action was for an injunction restraining defendants from diverting certain water, and for damages. Judgment was rendered for plaintiff, restraining defendants as prayed for, and for twenty dollars damages. The decision—that is, the findings — and the judgment were filed and entered March 20, 1891; and the cost bill in question was filed March 16th, —four days before the decision. Section 1033 of the Code of *645 Civil Procedure provides that a cost bill must be filed “ within five days after the verdict or notice of the decision of the court or referee”; and it seems quite clear that the cost bill was filed in this case before the time authorized by law, and that the court erred in denying the motion to strike it out.

The cost bill involved here amounts to only $113.85, but respondent does not make the point that this court has no jurisdiction of the appeal because the amount is less than $300. Indeed, respondent has no points or brief on file; and as this court has two or three times entertained similar appeals where…