Cuddeback

This is an appeal prosecuted by defendant from an order of court taxing costs.

The action was one of eminent domain instituted by plaintiff against defendant and others to condemn a strip of land for railroad purposes one hundred feet in width and extending a distance of sixteen miles through a tract eighteen thousand acres in extent. After issue joined, and before trial, plaintiff served and filed a notice stating that it abandoned the proceeding pursuant to the provisions of section 1255a, of the Code of Civil Procedure. Thereupon the court, upon motion of the defendant, in accordance with the provisions of said section, caused to be entered a judgment of dismissal of the action, wherein it was adjudged that defendant have and recover “his proper costs and disbursements incurred herein, including necessary expenses incurred by him in preparing for trial and reasonable attorney fees, amounting to the sum of.......dollars.” Thereafter, as provided in section 1033 of the Code of Civil Procedure, defendant (appellant here) served and filed a memorandum of costs, expenses, and disbursements wherein, among other items, was inserted two items involved in this appeal. These items were…