Swanston

The action is in eminent domain for the condemnation of certain lands belonging to the defendants.

The jury assessed the damages accruing to the lands described in the complaint by reason of the taking thereof for the purposes of the plaintiff, and in due time after the verdict so rendered and entered the court, upon its findings of fact and conclusions of law, entered judgment of condemnation in the amount of damages admeasured by the jury.

The plaintiff having failed, within thirty days after the final judgment of condemnation, to pay the amount at which the damages as to the defendant Swanston’s lands were appraised or fixed by the jury, as required by section 1251 of the Code of Civil Procedure, the court, in accordance with the provisions of section 1255a of said code, upon motion of said defendant, entered a judgment dismissing the action and taxing costs against the plaintiff. Included in the costs so allowed to the defendant is an attorney’s fee of three thousand dollars, such a fee constituting, under the terms of section 1255a, supra, an item of costs which, with other legal costs, may be allowed against a plaintiff in condemnation proceedings where there has been an…