Abila v. Padilla

Citations

• 19 Cal. 388

Syllabus

<p>Where a will is contested, and the Probate Court frames issues and sends them to the District Court, where the issues are tried by a jury, and the verdict is certified back to the Probate Court: Held, that the Probate Court has the power, under the thirty-fifth section of the Estate Act, to tax the costs accruing in the District Court to the unsuccessful party; but that the bill of such costs must be filed in the Probate Court within the statutory time after the verdict was certified to that Court, and that the failure so to file the bill of costs operated as a waiver thereof, and that Court had no power to render judgment therefor.</p> <p>The Practice Act applies to such cases.</p>