Chubb

This was a proceeding in eminent domain in which the jury awarded the sum of one thousand two hundred dollars as damages. It is stated in the transcript: “There was not submitted to the jury, and the jury did not take into consideration any element of attorneys’ fees of the defendant in the ease in its verdict.” In defendant’s cost-bill were included two items of costs for attorneys’ fees. A motion to tax the costs was made by plaintiff. At the hearing the items of attorneys’ fees were stricken out of the cost-bill and as to all other items it was allowed. Defendant appeals from so much of the order as denied attorneys’ fees.

Appellant claims: 1. That the “just compensation,” to which the owner of the property is entitled, under section 14 of article I of the constitution, includes reasonable disbursements made by him for attorneys at the trial; 2. That section 1255a of the Code of Civil Procedure authorizes the recovery of such disbursements.

1. The constitutional provision is as follows: “Private property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for, the owner, . . . which compensation shall be…