McLennan & Hill Counties Tehuacana Creek Water Control District No. 1 v. Hennig

OPINION

HALL, Justice.

This is an appeal by the condemnor in an eminent domain proceeding from a judgment granting allowances to the appel-lee-landowner, Hennig, for expenses incurred by him, under the terms of Section 6 of Article 3265, Vernon’s Texas Civil Statutes. That article provides that when the condemnor, “after appeal from an award, or after said proceeding has become a case for trial in court, desires to dismiss, abandon the proceedings, or refuse the jury verdict returned by the jury or by a court prior to entry of judgment, said (condemnor) shall by motion be heard thereon, and the…