Hagan v. Flesher
Hagan v. Flesher
Opinion of the Court
Appeal from order striking amended cost bill. Plaintiff, having recovered judgment, filed a premature cost bill, then one which was rejected by the clerk because it did not comply with court rules. On July 26, 1954, an amended bill was filed; it was retaxed by striking items for jury fees and cost of depositions; the costs were taxed at $66.75. Plaintiff then moved under section 473, Code of Civil Procedure, for leave to file a second amended cost bill “similar in form, a copy of a cost memorandum which was attached as Exhibit A.”
Appellant’s brief offers as an explanation the following: “It so happened that between the time of the allowance of the order 473 C.C.P. which gave the appellant the right to file an amended costs memorandum, appellant discovered that the jury fees had been incorrectly set out in the motion under section 473, Code of Civil Procedure. Not willing to verify a cost memorandum appellant knew was not true, the appellant changed the figures to the correct ones.” This excuse does not appear anywhere in the record. If true, plaintiff chose to ignore the condition of relief previously granted under 473, rather than to make a new application under that section.
It provides for relief from default upon such terms as may
Appellant has failed to show any merit in his appeal.
Order affirmed.
Moore, P. J., and Richards, J. pro tem.,
Appellant’s petition for a hearing by the Supreme Court was denied July 16, 1957. Carter, J., was of the opinion that the petition should be granted.
The quotations herein are taken from appellant’s settled statement on appeal.
Assigned by Chairman of Judicial Council.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.