Hildebrandt v. Hagen

Respondents (plaintiffs) appeal from the clerk's taxation of costs in favor of appellant (defendant) in the sum of $427.04.

1. This court is authorized to allow costs and disbursements in favor of the prevailing party on appeal. M.S.A. 607.01. Rule XV of this court likewise so provides. 222 Minn. xxxvii.

2. In the case at bar, the judgment was modified on appeal by reducing the width of an easement claimed by respondents and established by the lower court's judgment. In all other respects respondents prevailed. In the oral argument on appeal, respondents consented to a modification of the…