State v. Lee

WILSON, Justice.

Appeal from a judgment of dismissal in a condemnation case. The judgment recites that it was so rendered because “the necessary prerequisite jurisdictional facts had not been proved.” The only jurisdictional defects raised in the trial court or urged by appellee here relate to absence of proof (a) of service of notice of hearing by the commissioners, and (b) of failure to agree with the owner on the *499amount of damages, as required by Art. 3264, Vernon’s Ann.Civ.Stat.

Appellant attempted to show service of notice by tendering the written notice of hearing issued by the…