Flubacher v. Kelly

49 Cal. 116 | Cal. | 1874

By the Court, Niles, J.:

The motion to strike out the cost bill, if granted, would have effected a modification of the judgment, and the order refusing the motion can be reviewed only upon an appeal from the judgment. (Lasky v. Davis, 33 Cal., 677.)

Appeal dismissed.

Mr. Justice Rhodes did not express an opinion.