Nordahl

The issues on this appeal concern, (1) the amount of interest payable to the defendants in an eminent domain action when the plaintiff takes possession of the subject property prior to payment of the sum prescribed by the interlocutory judgment therein; (2) the validity and effect of a stipulation; (3) the amount of the fee allowable to an appraiser-witness appointed by the court, who testified in the trial of the action; (4) the right of such plaintiff to recover costs on account of a change of venue made upon motion of the defendants; and (5) the right to recover costs of a deposition not used.

The plaintiff and appellant herein, the City of Burbank, brought this action in eminent domain to acquire property from the defendants and respondents herein, Mr. and Mrs. Nordahl. After issues drawn, the case proceeded to trial before the court without a jury, and on August 12, 1958, an interlocutory judgment was entered decreeing condemnation and awarding the defendants Nordahl $235,779, which included $2,200 on account of special damages, incorporated in the judgment by stipulation, and also awarded $1.00 to other defendants who claimed an interest in the Nordahl property. Three days…