Griffith v. Welbanks & Co.

Costs—Striking of Memorandum from Files—Failure to Serve , Copy Within Time—Appeal from Order—Conflict of Evidence. An order striking a memorandum of costs from the files for failure to serve a copy thereof upon the adverse party within five days after the rendition of the verdict of the jury, as required by section 1033 of the Code of Civil Procedure, will not be disturbed on appeal, where such order is made upon conflicting affidavits as to the service of such copy.

Id.—Service and Filing of Memorandum of Costs—Code Provisions Mandatory.—The terms of section 1033 of the Code of Civil Procedure as to the filing and service of a memorandum of costs are mandatory and a substantially strict compliance therewith is required both of the party claiming costs and the party dissatisfied with the costs claimed.