Blue River Power Co. v. Hronik

Redick, Distinct Judge.

Proceeding in ad quod damnum under section 3377 et seq., Comp. St. 1922. The matter had progressed to the filing of the report upon inquest as to amount of damages. Defendants moved to confirm the report, and plaintiff moved to dismiss the proceedings. The motion to dismiss was allowed by district court upon condition that plaintiff *407pay defendants their counsel fees, which the court fixed at $1,000. Plaintiff excepted and appeals. The only question for our determination is the authority of the court to attach the condition.

Under our laws a case may be dismissed “by the…