In Re Petition of Schaller

This is an appeal from the clerk's taxation of costs and disbursements. The appellant was the prevailing party, Respondent "objects to the allowance or taxation of any and all costs against her herein, on the ground that said cause is a special proceeding, and no costs are allowable by the statute." The proceeding was one to vacate certain public grounds at Frontenac under 2 Mason Minn. St. 1927, § 8244. There is no question that the proceeding is special, nor is there any doubt that under this section no provision is made for recovery of costs. Respondent cites 2 Dunnell, Minn. Dig. (2 ed.…