Decoto School District v. M. & S. Tile Co.

Defendant in a condemnation action appeals from an order striking from its cost bill the item of $300 for attorney fees incurred in connection with a success ful appeal from a prior order of the court striking its cost bill for attorney’s and appraiser’s fees, upon the abandonment by plaintiff of the eminent domain proceedings pursuant to Code of Civil Procedure section 1255a. The question presented is whether the provisions of section 1255a, 2 providing for an allowance of attorney’s fees upon an abandonment of an eminent domain proceeding, include attorney fees incurred upon an appeal from…