STONE, J.
This is an appeal by defendant Vrenios from an order taxing costs. Plaintiff-respondent, City of Turlock, a municipal corporation, filed a complaint in eminent domain against defendant-appellant, Gust A. Vrenios. Within 40 days prior to the trial of the action, the city dismissed the complaint, and defendant filed a memorandum of costs pursuant to Code of Civil Procedure, section 1255a. Plaintiff filed a motion to tax costs, and a trial was had on the issue...
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