Flubacher v. Kelly
California Supreme Court Jul 1, 1874 No. No. 3,878Published
Before: Niles
Synopsis
SlSnmrs out Cost Bill.—An order denying a motion to strike out a bill of costs can be reviewed only upon an appeal from the judgment.
By the Court, Niles, J.: The motion to strike out the cost bill, if granted, would have effected a modification of the judgment, and the order refusing the motion can be reviewed only upon an appeal from the judgment. (Lasky v. Davis, 33 Cal., 677.)
Appeal dismissed.
Mr. Justice Rhodes did not express an opinion.
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