197 P. 795 | Cal. | 1921
The plaintiff recovered a judgment for $250 in an action for slander, begun in the superior court.
In due time thereafter he filed a cost bill, claiming only the sum of one hundred dollars as counsel fees allowed as costs, under the act of March 23, 1872. (Stats. 1871-72, p. 533.)
On motion of the defendant the court below made an order striking out said cost bill. The plaintiff appeals from this order.
Section
[1] Section 7 of the act of 1872 above mentioned provides that in an action for libel or slander, "in case plaintiff recovers judgment, he shall be allowed as costs one hundred *525
(100) dollars, to cover counsel fees, in addition to the other costs." The claim of the plaintiff is that, notwithstanding the general provisions of section
The judgment is affirmed.
*526Olney, J., and Lawlor, J., concurred.