(Download) "Tomten v. Thomas" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Tomten v. Thomas
- Author : Supreme Court of Montana
- Release Date : January 12, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Eminent domain ? Right of way open to public. The right of way of necessity established under condemnation statutes enacted to implement constitutional provision that private property may be taken for private ways of necessity, becomes an open public way which may be traveled by any person who desires to use it. 2. Eminent domain ? Instruction on necessity. The instruction adequately covered the point of law as to necessity in condemnation proceeding and the defendants proposed instruction was properly rejected. 3. Costs ? Must be allowed by statute. No costs can be allowed to either party in action except such as provided for by statute. 4. Costs ? Allowance of attorneys fees. Only where provided especially by statute, or by agreement by parties, may attorneys fees be considered as an item of recovery incident to litigation. 5. Eminent domain ? Damage does not include attorneys fees of losing defendant. The losing defendants in condemnation proceedings to acquire a private way of necessity were not entitled to recover from plaintiffs as costs fees charged by defendants attorneys pursuant to contract. 6. Eminent domain ? Words and phrases "expenses". The word "expenses" as used in statutes providing that where private road is opened by condemnation proceedings expenses of proceedings should be paid by person to be benefited, is synonymous with the term "costs". 7. Costs ? Words and phrases "Costs". "Costs" are allowances to a party for expense incurred in prosecuting or defending a suit, and the quoted word in absence of statute or agreement, does not include counsel fees.
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