Concrete Mixing & Conveying Co. v. Great Western Power Co. of California

Heretofore, plaintiff moved to dismiss, and the court granted the motion, “with prejudice, unless within ten days or time granted, plaintiff pays all costs and expenses of defendant’s preparation for trial, and files consent that in any future case of like kind between them, all depositions heretofore taken herein may be used by- defendant as they could be in this suit.”

In due time, on plaintiff’s petition and order procured that defendant file a “verified statement” of said “costs and expenses,” the latter complied. Thereafter plaintiff filed the consent aforesaid, attaching the statement that “it is understood * * * plaintiff herein does not waive any legal objections or exceptions to said order or to the orders * * * pursuant thereto.”

The verified statement aforesaid was in two parts, one of “taxable costs,” and one of expenses.”

The latter included some $12,000 expended for investigation, attorneys’ fees, and the like. Subsequently, both appear to have been the subject of taxation before the clerk of the court, who disallowed most of the first and all of the last, and defendant appeals. .

*332 In the matter of the expenses, it was the judgment of the court when the order…