State Ex Rel. Department of Highways v. Lehman

HODGES, Justice.

This is an appeal from an order of the District Court of Canadian County granting a new trial to the defendant in an action in eminent domain. The parties will be referred to as they appeared in the trial court.

The primary question raised on appeal is whether the trial judge erred in granting a new trial based upon a pure and unmixed question of law.

The journal entry sustaining the motion for new trial in its pertinent part contains the following language:

“The Court having heard the argument of counsel, and being fully advised, finds that said motion should be sustained for…