Opinion
No. 31,660.
November 25, 1938.
Proceeding in the district court for Itasca county by the state by its attorney general for the condemnation of land for reforestation purposes, wherein respondent Lillian B. Sixberry moved for the allowance to her of counsel fees and expenses upon dismissal of the proceeding by the state. From a judgment, Graham M. Torrance, Judge, allowing respondent $250 counsel fees and expenses, the state appealed. Affirmed by divided court.
William S. Ervin, Attorney General, Frank H. Osterlind, Assistant Attorney General, and Armond D. Brattland, Special Assistant Attorney General, for the State.
Howard W. Anderson, for respondent.
One member of the court being incapacitated by illness and the remaining members of the court being equally divided on the question presented by this appeal, the judgment is affirmed without opinion.