Shirley
Sealand Investment Corp. v. Shirley
Opinion
Lead Opinion
Fourt, J.
This appeal is “from that part of the judgment . . . which denies costs against Katherine E. Martin Powell and Edward J. Powell, . . . and further appeal from that part of the minute order of March 30, 1960 . . . which denies costs against Katherine E. Martin Powell and Edward J. Powell.”
The facts and other matters relating to this case have been set forth in Sealand Investment Corporation v. Emprise Incorporated et al., Civil No. 24808, ante, p. 305 [ 12 Cal.Rptr. *324 153 ], filed this day, and for the most part will not be repeated herein.
In part, the judgment in this ease provides in pertinent part as follows:
We believe that appellants in this case are entitled to recover their costs. As stated in McMahan’s of Long Beach v. McMahan Service Corporation, 145 Cal.App.2d 607, 609-611 [ 302 P.2d 847 ] :
The question is whether the trial court erred in imposing costs upon the named corporate plaintiff, Sealand In *325 vestment Corporation, rather than upon Katherine E. Martin Powell and Edward J. Powell, the individuals who “as directors of plaintiff corporation filed the present action on behalf of said corporation. ...”
The Powells (respondents herein) assert that they…