MINES AND MINING
RIGHTS OF WAY AND EASEMENTS FOR DEVELOPMENT OF MINES
47-912. Costs of appeal. If the defendant recover judgment against the necessity of the easement, or for fifty dollars ($50.00) more damages than the plaintiff has tendered him as provided in the next section, or for fifty dollars ($50.00) more damages than the commissioners or judgment of the district court awarded him, he shall recover the costs of the appeal, otherwise he must pay all such costs.
[(47-912) 1876, p. 70, sec. 12; R.S., sec. 3141; am. 1899, p. 350, sec. 5; reen. R.C. & C.L., sec. 3234; C.S., sec. 5548; I.C.A., sec. 46-812.]