Flubacher v. Kelly

California Supreme Court
Flubacher v. Kelly, 49 Cal. 116 (Cal. 1874)
Niles

Flubacher v. Kelly

Opinion of the Court

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.

Reference

Full Case Name
E. FLUBACHER v. PATRICK KELLY
Cited By
2 cases
Status
Published
Syllabus
SlSnmrs out Cost Bill.β€”An order denying a motion to strike out a bill of costs can be reviewed only upon an appeal from the judgment.