Hotchkiss

This is an appeal from an order denying defendant’s motion, made under section 675 of the Code of Civil Procedure, to have satisfaction of judgment entered.

The only question involved is whether plaintiff is entitled on execution, as a part of her judgment, to be paid an item of sheriff’s fees and expenses for keeping property held under a writ of attachment, when such fees and expenses were not claimed by plaintiff in her memorandum of costs, and consequently not included in the judgment.

Section 1033 of the Code of Civil Procedure provides: “The party in whose favor judgment is rendered, and who claims his costs, must deliver to the clerk and serve upon the adverse party, within five days after the verdict, a notice of the decision of the court or referee —or, if the entry of the judgment on the verdict or decision be stayed, then before such entry is made—a memorandum of the items of his costs and necessary disbursements in the action,” etc. And section 1035 of the Code of Civil Procedure provides that the costs shall be included in the judgment. The effect of these, provisions is that all costs and disbursements incurred in the action must, in order to be recovered by the…