Tomten v. Thomas

MR. JUSTICE ANGSTMAN:

(concurring in part and dissenting in part).

I agree that the judgment entered on the jury’s verdict in favor of plaintiff for the condemnation of the land should be sustained.

I disagree with the foregoing opinion so far as it holds that defendants are not entitled to attorney’s fees from plaintiff. I agree that “costs” can be recovered only when provided for by statute. Albrecht v. Albrecht, 83 Mont. 37, 269 Pac. 158, and eases therein cited. I agree likewise that attorney’s fees are not a part of the taxable costs in the absence of a statute or agreement authorizing…