Kelsey v. Merced Irrigation District

California Court of Appeal Dec 29, 1925 No. Docket No. 2932.Published

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Holding. The court reversed the order striking the intervener's memorandum of costs and directed the trial court to determine the motion to tax costs in accordance with the principles established in Danley v. Merced Irr. Dist.

Issues

Whether the trial court erred in striking all items from the intervener's memorandum of costs.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the order is reversed and the trial court is directed to hear and determine the questions raised by respondents' motion to tax costs in accordance with the views expressed in that opinion.”

MEMORANDUM CASES. THE COURT.

This is an appeal by the intervener from an order striking out all the items of his memorandum of costs. The facts are in all respects the same in principle as those in Danley v. MercedIrr. Dist., ante, p. 58 [243 P. 676].

[1] For the reasons stated in the opinion in that case, the order is reversed and the trial court is directed to hear and determine the questions raised by respondents' motion to tax costs in accordance with the views expressed in that opinion.

A petition by respondents to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on February 25, 1926. *Page 800

Kelsey v. Merced Irrigation District

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MEMORANDUM CASES. THE COURT.

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