MILLARD v. COLUMBIA COUNTY HIGHWAY COMM.


25 Wis.2d 425 (1964)

MILLARD and wife, Appellants, v. COLUMBIA COUNTY HIGHWAY COMMITTEE and another, Respondents.

Supreme Court of Wisconsin.

October 27, 1964.


Attorney(s) appearing for the Case

For the appellants there was a brief by Arno J. Miller of Portage, attorney, and Callahan, Arnold & Van Metre of Columbus of counsel, and oral argument by Jack Van Metre.

For the respondents the cause was argued by William H. Wilker, assistant attorney general, with whom on the brief was George Thompson, attorney general.


CURRIE, C. J.

The sole question on this appeal is whether the condemnors or the landowners were the "successful party" entitled to costs in the discretion of the court under sec. 271.02 (2), Stats., where the circuit court appeal resulted in the landowners receiving less than awarded by the the commission but more than the original basic award.

Sec. 32.05 (10) (b), Stats. 1961, specifies how judgment shall be entered after trial had in circuit court of an...

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