Martin's Case

1 Ohio 156

Opinion

By the Court :

As the commissioners may be appointed upon the application of either party, it must be considered as a separate proceeding, in which the party prevailing is entitled to his costs. In this case the application having been made by the defendant, in whose favor judgment has been rendered upon it, the court are of opinion that the costs must follow that judgment, and that an order be entered on George T. Cotton, lessor of the plaintiff, to pay the costs in question.