Flubacher v. Kelly

49 Cal. 116

• Court: California Supreme Court
• Decided: July 1, 1874
• Docket: No. 3,878
• Status: Published

Opinion

By the Court, Niles, J.:

The motion to strike out the cost bill, if granted, would have effected a modification of the judgment, and the order refusing the motion can be reviewed only upon an appeal from the judgment. (Lasky v. Davis, 33 Cal., 677.)

Appeal dismissed.

Mr. Justice Rhodes did not express an opinion.