202 P. 967 | Cal. Ct. App. | 1921
This is an appeal from an order made by the trial court taxing costs. An action was commenced in the same trial court by the same plaintiff against the same defendant, judgment went for the plaintiff, and the defendant appealed. The judgment was affirmed. (Sime v. Hunter,
"Paid Miss Sena Jensen for copy of transcript on appeal, 189 folios @ 11c ................. $ 20.79 Paid Salinas Daily Index for printing brief on appeal, 81 pages @ $1.80 per page ........ 145.80 Paid expressage on briefs ..................... .45 Paid expenses to San Francisco and return to argue case on appeal ........................ 20.00 Paid King City Herald for printing reply to petition for hearing in the Supreme Court after decision by District Court of Appeal .. 23.40 ------- Total ............... $210.44"
The defendant moved the trial court to retax the costs and the trial court made an order taxing the costs as follows, "to-wit: Strike out all items set forth in plaintiff's memorandum of costs and disbursements, excepting $100 for printing brief on appeal," and from that order the plaintiff has appealed.
As to when a transcript of the reporter's notes may be taxed as costs, the matter is covered by section 274 of the Code of Civil Procedure: ". . . The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same." If that passage has been repealed, it has been repealed by implication. [1] But repeals by implication are not favored and the repugnancy between the statute claimed to be repealed and the repealing *159
statute must be clear and the two statutes must be so inconsistent that force and effect cannot be given to both. (People ex rel. Wood v. Sands,
The trial court allowed the appellant $100 for printing briefs. That was the full amount to which he was entitled for that item. (Code Civ. Proc., sec.
[3] The traveling expenses of an attorney are disbursements of his and not of his client. Such is certainly the rule as to trial work. Appellant has not called to our attention any statute which shows that such a rule obtains as to trial work and which shows that a different rule obtains as to appellate work. As to work on appeal, it is true that the statute refers to "costs" and "all amounts actually paid out." (Code Civ. Proc., sec.
We have thus considered every item which the trial court disallowed except "Expressage on briefs, forty-five cents." As to that item affecting this appeal, it may be said, "The law disregards trifles." (Civ. Code, sec.
The order is affirmed.
Nourse, J., and Langdon, P. J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on January 9, 1922.
All the Justices concurred.