SANTA CLARA VALLEY MILL AND LUMBER COMPANY, Appellant, v. BOARD OF SUPERVISORS OF SANTA CRUZ COUNTY, Respondent

[No. 9698. Department One. November 15, 1886.] SANTA CLARA VALLEY MILL AND LUMBER COMPANY, Appellant, v. BOARD OF SUPERVISORS OF SANTA CRUZ COUNTY, Respondent. Practice—Costs — Clerk cannot Enter Judgment eor Pending Motion to Retax. — The clerk of the court has no authority to enter a judgment for cost, while a motion to retax is pending. Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial. In April, 1879, the plaintiff brought an action against the defendant to recover damages on account of the location of a public road. Before the trial of the action, the defendant rescinded its order concerning the location of the road, and the action was on motion dismissed and a judgment for costs entered against the defendant on the 30th of January, 1880. The plaintiff filed and served its memorandum of costs on the 29th of January, 1880. The defendant on the same day served and filed a notice of motion to retax the costs. Pending the motion, the plaintiff presented its claim founded on the judgment to the defendants, and the same was rejected. The plaintiff thereupon brought the present proceedings by mandamus to compel the defendant to allow the claim. Charles B. Younger, for Appellant. William T. Jeter, for Respondent. [MAJORITY — The Court.] The Court. The clerk had no authority to enter the judgment for costs while a motion to retax was pending. (Riddell v. Harrell, No. 11363, ante, p. 254.) Judgment affirmed.