Baldie v. Bank of America Nat. Trust & Savings Ass'n

Decision Date18 May 1950
CourtCalifornia Court of Appeals Court of Appeals
PartiesBALDIE v. BANK OF AMERICA NAT. TRUST & SAVINGS ASS'N et al. Civ. 14350.

Jonathan H. Rowell, Redwood City, for appellant.

Frank v. Kington, Redwood City, for respondents.

NOURSE, Presiding Justice.

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 report'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.

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5 cases
  • Combs v. Haddock
    • United States
    • California Court of Appeals Court of Appeals
    • November 16, 1962
    ...judgments for purposes of award of costs. (De Leon v. Pacific Mut. Life Ins. Co., 186 Cal. 488, 493, 199 P. 789; Baldie v. Bank of America, 97 Cal.App.2d 614, 217 P.2d 1011; Weck v. Los Angenes County Flood Control Dist., 89 Cal.App.2d 278, 281, 200 P.2d 806; Angelus Securities Corp. v. Bal......
  • Schwartz v. Schwartz
    • United States
    • California Court of Appeals Court of Appeals
    • January 8, 1969
    ...cases for trial, resulting in separate judgments. They point out that the cases relied on by defendant Cowdrey (Baldie v. Bank of America, 97 Cal.App.2d 614, 217 P.2d 1011; Weck v. Los Angeles County Flood Control Dist., supra, 89 Cal.App.2d 278, at p. 281, 200 P.2d 806; and Combs v. Haddoc......
  • People ex rel. Cooper v. Mitchell Brothers' Santa Ana Theater
    • United States
    • California Court of Appeals Court of Appeals
    • March 7, 1985
    ...are to be apportioned on the basis of the portions of the transcripts and briefs devoted to each appeal. (See Baldie v. Bank of America (1950) 97 Cal.App.2d 614, 614, 217 P.2d 1011.) Attorney's The second remittitur issued from this court on June 7, 1982. On July 6, 1982, plaintiff filed it......
  • Whipple v. Cowdrey
    • United States
    • California Court of Appeals Court of Appeals
    • June 30, 1965
    ...cases for trial, resulting in separate judgments. They point out that the cases relied on by defendant Cowdrey (Baldie v. Bank of America, 97 Cal.App.2d 614, 217 P.2d 1011; Weck v. Los Angeles County Flood Control Dist., supra, 89 Cal.App.2d at p. 281, 200 P.2d 806; and Combs v. Haddock, 20......
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