Abbott

In an action in eminent domain instituted by the City of Los Angeles, a municipal corporation, wherein the respondent was, among others, named as a defendant, all proceedings and expenditures of moneys were subsequently enjoined by the decree of a co-ordinate court in another suit. Respondent thereafter moved to dismiss this action as though the same had been abandoned, within the purview of sections 1255 and 1255a of the Code of Civil Procedure. Said motion was granted, and he thereupon filed a “memorandum of costs and disbursements”, which included an item entitled “attorneys’ fees $1,650.00”. There was then filed on behalf of appellant a notice of motion to tax costs, particularly excepting to said item, together with an affidavit setting forth the facts above recited, and that all proceedings in the condemnation matter had been held null and void and that appellant, its officers, agents and employees were restrained from approving any demand for costs or expenses incurred, or paying out any moneys in connection with said contemplated improvement. The motion to tax costs was denied, and the plaintiff appealed from the order made and entered accordingly.

It is conceded that the…