235 P. 66 | Cal. Ct. App. | 1925
This is an appeal from an order taxing costs. Plaintiffs instituted a proceeding to revoke the probate of the will of Annie Gallo, deceased. At the close of plaintiff's case a nonsuit was granted. On appeal the judgment of nonsuit was reversed. (
[1] A successful appellant is entitled to costs on reversal of the judgment. (Sec.
Section
There can be no doubt this transcript of testimony was necessary for the preparation of plaintiffs' appeal from the judgment of nonsuit, as the affidavit of A.H. Ashley, which is attached to plaintiffs' bill of costs, shows. But this section must be read in connection with section
It follows that the order disallowing the item of $282.60 was properly made. The judgment is affirmed.
Finch, P.J., and Hart, J., concurred.
A petition by appellants to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on April 16, 1925.
*355All the Justices concurred.