prevailing party on appeal
- prevailing party on appeal
-
The party who obtains a reversal or a modification of judgment substantially favorable to him. 5 Am J2d A & E § 1015.
In eminent domain proceedings instituted by the state wherein an appeal is taken to the District Court from an award of the commissioners, the "prevailing party", entitled by statute to an award of costs and disbursements, is the litigant who prevails with respect to the particular issues raised and determined by the appeal, rather than the litigant who ultimately prevails in the condemnation proceeding. State v Miller Home Development, 243 Minn 1, 65 NW2d 900, 50 ALR2d 1377.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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