Heiman v. State Highway Commission

The opinion of the court was delivered by

Thiele, J.:

The state highway commission commenced proceedings to condemn lands for its purposes. From the award of the appraisers the landowners appealed to the district court, giving a bond to which no immediate objection was made. The appeal was tried and an award made by the jury. Thereafter, the highway commission filed two motions: one to dismiss the appeal for the reason the landowners had not given a bond conditioned as required by statute, the other for a new trial. The trial court denied the motion to dismiss and allowed the motion for a new…