(concurring specially.)
I concur with the holding of the majority in this case that the court, in its discretion, may impose terms and assess as costs reasonable expenses incurred by the adverse party in preparation for trial, in the light of all of the facts and circumstances of the parties. But, on this appeal, one of the specifications of error is that the court did not allow attorney fees incurred by the adverse party. I believe it should be clearly pointed out that attorney fees may not be assessed as part of the costs incurred. This court has heretofore held that attorney fees may not be taxed unless specifically authorized by statute.
While the court has the authority to allow such voluntary dismissal on such terms and conditions as the court, in its discretion, may deem proper, it cannot impose the payment of attorney fees as one of the conditions on which such voluntary dismissal will be permitted.
ERICKSTAD, J., concurs.