King v. Martin

The moving party in this proceeding, the respondent State of California (the State), filed this motion for an order to recall the remittitur on the ground that the State as the prevailing party is entitled to an award of costs on appeal. The property owner, International Telephone and Telegraph Corporation (ITT), had appealed from the judgment of the trial court in a condemnation action; in this courts affirmance of that judgment no direction was given as to costs. The clerk of the court included in the remittitur an award of costs to appellant ITT on the ground that ITT was the owner in an eminent domain action.