Franklin

In the Superior Court of the State of California

In and for the County of Siskiyou.

W. B. Franklin, Plaintiff, vs No.4580. Churchill Company, a corporation, Defendant.

Heretofore, on the 24th day of July, 1923, in open court, in the above-entitled cause, the motion of the defendant to retax costs was heard .and evidence taken. At that time an order was entered disposing of all of the items in said cost memorandum filed by the plaintiff, with the exception of the item of "Clerk’s transcript $104.52,” which was thereupon taken under submission by the court.

Before passing upon this item, the court submitted to the parties a statement of facts which was developed by the evidence at the time of the hearing, and Which statement of facts has been approved by both, the plaintiff and the defendant, through the attorneys of said parties, and which is as follows, to-wit:

It is complained of that because the attorney for plaintiff made the transcript or the copies of the records on file in the County Clerk’s Office, which transcript is usually and commonly called “The Clerk’s Transcript,” that the plaintiff cannot now recover this item as a part of his costs on appeal.

In order to…