Barnhart v. Kron

Citations

• 88 Cal. 447
• 26 P. 210
• 1891 Cal. LEXIS 712

Syllabus

<p>Costs — Discretion — Order Refusing to Retax — Appeai. — The allowance or disallowance of items for the expenses and disbursements incurred upon the trial of an action is usually in the discretion of the judge of the trial court, and where there is nothing in the record to show that the court did not properly exercise its discretion in refusing to strike out certain items objected to upon motion to retax the costs, its order will be affirmed.</p> <p>Id.—Expense of Subpienaing Witnesses — Testimony for Co-defendant. — The character of the testimony of witnesses given at the trial with reference to the issues joined by several co-defendants, and the fact that they testified specially for co-defendants, is not a test of the necessity for incurring the expense of subpoenaing them as witnesses by a defendant in whose behalf they did not testify as to any separate issue made hy his answer.</p> <p>Id. — Affidavit to Cost Bill — Necessity of Disbursements. —An affidavit to a memorandum of costs, hy the attorney of the party in whose favor costs were given, that “the foregoing items of costs and disbursements in this action are correct, and that the said disbursements have been necessarily incurred in said action,” unless controverted, should control the decision of the trial court as to the necessity of the disbursements.</p> <p>Id. — Services Performed for Several Defendants — Separate Oost Bill. — The fact that certain items of the cost bill were for services performed for both of the defendants would not authorize the trial judge to strike them from the cost bill of one of the defendants.</p>