Jones v. School Board
Supreme Court of Iowa
Appeal from Johnson District Court. — IIon. H. P. Howell, Judge. This is a proceeding under section 2,815, Code 1891, for the condemnation of land for school district purposes. The commissioners appraised the plaintiff’s damages at $500. Plaintiff appealed to the district court. Hpon trial there, the jury fixed her damages at $850. The court taxed all costs to the .defendant. Plaintiff moved for the allowance of an attorney fee of $150 as part of the taxable costs.
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Appeal from Johnson District Court. — IIon. H. P. Howell, Judge. This is a proceeding under section 2,815, Code 1891, for the condemnation of land for school district purposes. The commissioners appraised the plaintiff’s damages at $500. Plaintiff appealed to the district court. Hpon trial there, the jury fixed her damages at $850. The court taxed all costs to the .defendant. Plaintiff moved for the allowance of an attorney fee of $150 as part of the taxable costs. The court denied the motion, and from this ruling the plaintiff appeals. —
1Opinion of the CourtEvans, J.
— Section 2815 of the Code makes no express provision for the taxation of attorney’s fees as part of the costs. The contention of the appellant is that this section, by reference, adopts the provisions of section 2007. The language of section 2815, which is made the basis of this claim, is as follows: “Erom, the assessment so made, either party may appeal' to the district court by giving notice thereof, as in case of taking private property for works of internal improvement within twenty days after receiving notice of the award made.” The contention of appellee is that this language only…
2Cases cited1 opinion
- Mellichar v. City of Iowa CitySupreme Court of Iowa · 1902
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