Burnham v. Hays

Citations

• 3 Cal. 115

Syllabus

<p>Under the 68th sect, of the Practice Act, the court have power in the exercise of its discretion to allow the amendment of a bill of costs, and the affidavit accompanying it.</p> <p>Where the original bill of costs is filed within the time prescribed by the act, an amendment allowed after the time relates back to the time of filing the original, of which it forms merely a part.</p> <p>If the original affidavit was a nullity, the defendant should have taken proper steps to set it aside, or have appealed from the judgment, on the ground that the costs had been waived by operation of the statute.</p> <p>But where the defendant himself moved a relaxation of the costs, it was proper for the court, in its discretion, to allow such amendments as were just and necessary.</p> <p>The affidavit by the attorney of the party accompanying the bill of costs is good under the statute.</p> <p>In construing a statute, the sections must be taken together, and that interpretation should be placed upon the language, which will give the particular section utility and effect, make it compatible with common sense, and the plainest principles of justice.</p>