McLENNAN & HILL COUNTIES, ETC. v. HENNIG

No. 5021.

469 S.W.2d 590 (1971)

McLENNAN AND HILL COUNTIES TEHUACANA CREEK WATER CONTROL DISTRICT NO. 1, Appellant, v. Walter A. HENNIG et al., Appellees.

Court of Civil Appeals of Texas, Waco.

June 21, 1971.


Attorney(s) appearing for the Case

McNamara, Smith & McNamara, Waco, for appellant.

Bryan, Wilson, Olson & Stem, Waco, for appellees.


OPINION

HALL, Justice.

This is an appeal by the condemnor in an eminent domain proceeding from a judgment granting allowances to the appellee-landowner, Hennig, for expenses incurred by him, under the terms of Section 6 of Article 3265, Vernon's Texas Civil Statutes. That article provides that when the condemnor, "after appeal from an award, or after said proceeding has become a case for trial in court, desires to dismiss, abandon the proceedings, or refuse...

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