191 A.2d 345 | Conn. Super. Ct. | 1963
The only question presented by the present proceeding is the proper taxation of costs. The appellant has presented a bill of costs which totals $2216.40. No question is raised as to any item except the one "Appraiser — David C. Mahoney Co., Inc. — $2,100.00." The appellant claims that this is a proper element of costs. The claim is contested by the redevelopment agency.
Appellant's right to costs arises from the provisions of §
Costs are the creature of statute, and unless the statute clearly provides for them courts cannot tax them. Waterbury v. Macken,
The statutory provisions concerning appeals from condemnation actions in highway and natural gas pipeline cases confirm the opinion of the court that appraisal costs in the present action must be limited to the $50 provided for in §
It must be concluded that the appellant is entitled as a "cost of court" to reimbursement of $50 for the services of its appraiser, and the bill of costs as submitted and dated February 7, 1963, is approved except that the item of $2100 for appraiser is corrected to read $50 with a corresponding reduction in the total costs.