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55 Cal. 554

Jacobi v. Baur

California Supreme Court

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

<p>Appeal from a judgment for the plaintiff and from an order denying a motion by defendant to strike out the cost bill of the plaintiff, in the Twenty-Second District Court, County of Sonoma. Temple, J.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1880-07-01

How this case has been cited

Cited by 4 later decisions — most recently February 1936

4 state decisions

10188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court:

¶1This was an action to recover damages for slander. The plaintiff had a verdict for one dollar. He filed a memorandum of costs and disbursements amounting to $390.25, which defendant moved to strike out. This motion was denied by the Court and defendant excepted. Defendant appealed from the.judgment, and the order denying his motion above mentioned.

¶2We arc of opinion that the Court erred in denying the motion. The seventh section of the Act of 23rd of March, 1872, entitled an act concerning actions for libel and slander, (Statutes of 1871-72, p. 533) does not give plaintiff recovering judgment any costs beyond the amount allowed by the general law as provided in the Code of Civil Procedure. The costs are left as under the general statute. By the general law, the plaintiff is not entitled to any costs at all, having recovered less than $300.

¶3The judgment is affirmed, and the order denying defendant’s motion to strike out is reversed.

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