Trempealeau County v. Marsh

The ruling denying, costs w,as contrary to the provisions of sec. 32.11, Stats. 1945. That section provides that in an appeal taken by a party to a condemnation proceeding, “Costs shall be allowed to the successful party on the appeal.” The respondents were successful before the county judge in their attempt to increase the amount due them over the original award of $437, but on the appeal from the county to the circuit court, there was a reduction of the damages from the $800, which the county judge had awarded, to $750. In the circuit court proceeding the appellant county was therefore the…