252 P. 1052 | Cal. | 1927
On a contest before probate of the alleged will of the decedent the jury found for the contestant and judgment was entered accordingly, including costs to the contestant. On motion of the proponent the trial court entered an order vacating the judgment for costs. The contestant *308
appealed from said order and the order was affirmed (Estate ofJohnson,
The motion is therefore granted, and it is ordered that theremittitur issued herein by the clerk of this court on May 20, 1926, be recalled and that a correct remittitur be issued in its place nunc pro tunc omitting the words "Respondents to recover costs on appeal."
Richards, J., Seawell, J., Waste, C.J., Curtis, J., Preston, J., and Langdon, J. concurred. *309