202 P. 167 | Cal. Ct. App. | 1921
This appeal is from an order denying plaintiffs' motion to strike out the memorandum of costs of certain defendants and taxing said costs at the sum of $82.65. At the close of plaintiffs' case the court granted a nonsuit as to those defendants and judgment was entered in their favor for their costs.
[1] Appellants contend that a defendant is not entitled to recover his costs on the granting of his motion for a nonsuit. Section
Respondents admit that the court, through inadvertence, allowed the defendants an item of costs in the sum of $2.50 to which they were not entitled and consent that their costs be reduced accordingly.
The order appealed from is modified by reducing the amount taxed as costs to the extent of $2.50, and, as so modified, the order is affirmed, the respondents to recover costs of appeal.
Burnett, J., and Prewett, J., pro tem., concurred.