138 P. 116 | Cal. Ct. App. | 1913
This is a motion to tax costs in an original proceeding in this court for a writ of mandate. A demurrer to the petition was sustained and the peremptory writ was denied. All the items specified in the memorandum of costs filed therein include and relate to disbursements made on the taking of depositions of several witnesses on behalf of respondents.
It is well settled that the right to recover costs is a matter of statutory regulation and, in the absence of a statute, no costs can be recovered by either party. (Williams v. Atchison etc. Ry. Co.,
Sections
An application for a writ of mandate is undoubtedly a "special proceeding" and at the time the depositions herein were taken it is shown that there had been no appearance by respondents, and no issue of law or fact was presented until the demurrer and answer were filed at the time the order to show cause was heard, some two weeks after said expense was incurred.
It is entirely clear, therefore, that the said costs are not legally chargeable against petitioner and all the items specified in the cost bill filed herein should be and are disallowed.
Chipman, P. J., and Hart, J., concurred.