Santa Clara Valley Mill & Lumber Co. v. Board of Supervisors

Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial.

In April, 1879, the plaintiff brought an action against the defendant to recover damages on account of the location of a public road. Before the trial of the action, the defendant rescinded its order concerning the location of the road, and the action was on motion dismissed and a judgment for costs entered against the defendant on the 30th of January, 1880. The plaintiff filed and served its memorandum of costs on the 29th of January, 1880. The defendant on the same day served and filed a notice of motion to retax the costs. Pending the motion, the plaintiff presented its claim founded on the judgment to the defendants, and the same was rejected. The plaintiff thereupon brought the present proceedings by mandamus to compel the defendant to allow the claim.