Ertle v. Placer County
This text of 44 P. 229 (Ertle v. Placer County) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order of the superior court, made after final judgment, denying defendants’ motion to strike out plaintiff’s cost bill, amounting to only $65.45. The only ground of the motion was that the memorandum of the items of costs, though properly verified and filed with the clerk, was not served on the defendants within the time prescribed by section 1033 of the Code of Civil Procedure. As the whole amount of costs claimed by plaintiff was less than $300, this court has no jurisdiction of the appeal: Fairbanks v. Lampkin, 99 Cal. 429, 34 Pac. 101. Therefore the appeal is dismissed.
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Cite This Page — Counsel Stack
44 P. 229, 5 Cal. Unrep. 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ertle-v-placer-county-cal-1896.