City of Los Angeles v. Abbott

Full title: THE CITY OF LOS ANGELES (a Municipal Corporation), Appellant, v. SADIE D…

Court: Court of Appeal of California, Second District, Division Two

Date published: Jan 24, 1933

129 Cal.App. 783 (Cal. Ct. App. 1933)

18 P.2d 796

Opinion

Docket No. 7539.

January 24, 1933.

APPEAL from an order of the Superior Court of Los Angeles County denying a motion to tax costs. Myron Westover, Judge. Reversed.

The facts are stated in the opinion of the court.

Erwin P. Werner, City Attorney, Frederick von Schrader, Assistant City Attorney, and Arthur W. Nordstrom, Arthur Loveland and C.N. Perkins, Deputies City Attorney, for Appellant.

J. Wiseman MacDonald for Respondent.

Overton, Lyman Plumb, as Amici Curiae on Behalf of Respondent.

CRAIG, J.

A motion to tax costs after dismissal of condemnation proceedings having been denied, the plaintiff appealed.

[1] The issues here presented are identical with those urged in City of Los Angeles v. Abbott, (Civil No. 7354) ante, p. 144 [ 18 P.2d 785], heretofore decided, and are governed thereby.

The order is reversed, with directions in accordance with the foregoing decision.

Works, P.J., and Stephens, J., concurred.