Kendrick v. Powell

Submitted February 19, 1947. 1. Eminent domain — Expenses of proceeding. In an action to open a private road, the Constitution and statutes providing for an award of expenses of the proceeding to defendant apply only where the plaintiff is successful. 2. Eminent domain — Attorneys' fees not allowed as costs. In condemnation proceedings to procure a private road, where the plaintiff was unsuccessful, attorneys' fees could not be allowed to defendants.