Moyer
City of Los Angeles v. Moyer
Opinion
Lead Opinion
York, J.
Condemnation proceedings by the City of Los Angeles against J. M. Moyer (now Mrs. J. M. York) and Charles Lantz. This is an appeal from an order taxing costs and reducing the amounts claimed by defendants in their memorandum of costs and disbursements, and involved two propositions:
(1) The sufficiency of the notice of motion to tax costs.
(2) The sufficiency of the evidence to sustain the findings of the trial court.
We believe the notice of motion to tax costs was sufficient to put at issue each material fact relating to the allowance of the costs demanded.
The appellants contend that the court erred in admitting evidence that the sums claimed were not necessarily incurred in the action. This is really immaterial to this appeal, because of the fact that the trial court decided in favor of the appellants, holding that the appellants were entitled to a reasonable attorney’s fee. This leaves as appropriate to consider on this appeal one question: Whether or not the amounts allowed, are reasonable.
Appellants have no proper ground of objection. This is so because they were allowed not only the amount of $100 as attorney’s fees fixed by the court, but also amounts of $5 as…