City of Ottumwa v. Taylor

This certiorari action instituted in this court presents the question whether defendant-judge of the district court exceeded “his proper jurisdiction or otherwise acted illegally”, within the meaning of rule 306, Rules of Civil Procedure, in allowing to the condemnee in eminent domain pro ceedings fees of.$1325 and expenses of $43.40 for expert witnesses as part of “all costs occasioned by the appeal, including reasonable attorney fees to be taxed by the court,” under section 472.33, Code, 1958. We hold defendant acted illegally in the sense here used in mailing the allowances.

The City of…