Ex parte Burrill

Citations

• 24 Cal. 350

Syllabus

<p>Costs When New Trial Awarded.—When a judgment is reversed hy the Supreme Court, and the case remanded for further proceedings, and costs are awarded in general terms, the costs awarded include only the costs made on the appeal to the Supreme Court. The costs of the former trial abide the event of the suit.</p> <p>When Bill op Costs should be ¡Filed in Court Below.—A memorandum of the costs of filing notice and undertaking on appeal, and preparing the transcript for the Supreme Court, should be filed in the office of the Clerk of the Court below at the time of filing the remittitur there, or within the time thereafter prescribed by the statute in other cases.</p> <p>Execution for Costs of Prevailing Party.—The Clerk of the Court below can issue an execution, if required by the prevailing party, for the costs included in the memorandum, and the costs of the Clerk of the Supreme Court as certified by him on the remittitur.</p> <p>When the Judge may Order Stay op Execution.—When a judgment is reversu^j by the Supreme Court, and the case remanded for further proceedings, and tm Clerk of the Court below issues an execution for all the costs, as well those of appeal as those accruing before notice of appeal was filed, the Judge of the Court below has power to make an order staying the execution in the hands of the Sheriff until an application can be made to the Court to re-tax and adjust the costs.</p>