Dolores No. 2 Land & Canal Co. v. Hartman

Upon the oral argument all questions raised by the assignments of error and briefs were abandoned save the one relating to costs. This is a proceeding under the eminent domain statute, and the order of the court, which for all practical purposes constitutes the final judgment, allowed respondent Hartman, the owner of the premises condemned, his court costs expended in connection therewith. It is contended that in condemnation proceedings under our statute neither party can recover costs, and hence that the order of the court is in this respect erroneous.

The eminent domain act is entirely…