Baldie v. Bank of America

Full title: MARY IRENE BALDIE, Appellant, v. BANK OF AMERICA NATIONAL TRUST AND…

Court: Court of Appeal of California, First District, Division Two

Date published: May 18, 1950

97 Cal.App.2d 614 (Cal. Ct. App. 1950)

217 P.2d 1011

Opinion

Docket No. 14350.

May 18, 1950. (See former opinion in this case, 97 Cal.App.2d 70, 217 P.2d 111.)

APPEALS from judgments of the Superior Court of San Mateo County. Aylett R. Cotton, Judge. Costs awarded to respondent Pacheco against appellant on his appeal and to appellant on Bullock appeal.

Jonathan H. Rowell for Appellant.

Frank V. Kington for Respondents.

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.