Rice v. Leonard
Cases that cite this one
2 later published cases cite this decision.
- City of Downey v. Gonzales (Cal. Ct. App. 1968)
- Ream v. Barr (Cal. Ct. App. 1930)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Heydenfeldt, J., concurred.
Costs, by way of indemnity, ought not to be taxed in case of a non-suit. The statute looks to an actual determination of the cause upon its merits.
So, where an action has been commenced against several defendants, and there has been a judgment in their favor, they are not all entitled to recover separate costs to the amounts allowed by the Act, but can only recover jointly, as though there had been but one defendant.
The judgment of the Court below is reversed, with directions to re-tax the costs, in conformity with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.