Tomten v. Thomas

MR, CHIEF JUSTICE ADAIR:

*160This was a condemnation proceeding by M. E. Tomten, plaintiff, to acquire a private way of necessity over land belonging to Mr. and Mrs. Henry Thomas, defendants. The jury’s verdict was for plaintiff. It found the necessity of the road and assessed $250 as the amount of all damage to be sustained by the defendants by the opening thereof.

Defendants filed a memorandum of their costs and disbursements within the time prescribed by R. C. M. 1947, section 93-8619. The cost bill included an item of $750 for attorneys’ fees for defendants’ counsel. This item was disallowed on…