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CITY OF OTTUMWA v. TAYLOR

No. 49848.

102 N.W.2d 376 (1960)

CITY OF OTTUMWA, Plaintiff, v. Heinrich C. TAYLOR, Judge of the Second Judicial District of Iowa, Defendant.

Supreme Court of Iowa.

April 5, 1960.

Attorney(s) appearing for the Case

Bailey C. Webber and Herman J. Schaefer, Ottumwa, for plaintiff.

Jones, White & Johnson, Ottumwa, for defendant.

GARFIELD, Justice.

This certiorari action instituted in this court presents the question whether defendant judge of the district court exceeded "his proper jurisdiction or otherwise acted illegally," within the meaning of rule 306, Rules of Civil Procedure, 58 I.C.A., in allowing to the condemnee in eminent domain proceedings fees of $1,325 and expenses of $43.40 for expert witnesses as part of "all costs occasioned by the appeal, including reasonable attorney fees...

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