California Courts of Appeal, 1950

Baldie v. Bank of America National Trust & Savings Ass'n

Baldie v. Bank of America National Trust & Savings Ass'n
California Courts of Appeal · Decided May 18, 1950
97 Cal. App. 2d 614; 217 P.2d 1011; 1950 Cal. App. LEXIS 1580

Baldie v. Bank of America National Trust & Savings Ass'n

Opinion of the Court

THE COURT.

Counsel have asked us to clarify the apportionment of costs on the two appeals. Under the Rules on Appeal (rule 26(a)) the prevailing party is entitled to his costs. These appeals were presented on one clerk’s and one reporter’s transcript and one set of briefs. However the pleadings, evidence and arguments are separate. Respondent Pacheco is entitled to costs against appellant on his appeal and appellant is entitled to costs on the Bullock appeal. The costs should be apportioned on the basis of the portions of the transcripts and briefs devoted to each case.

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