Mayor of Liberty v. Boggess

BROADDUS, Judge.

This is an appeal by the defendant, James Collier Boggess, from the trial court’s order overruling his motion to direct the Clerk of the Circuit Court of Clay County to issue an execution for interest upon a judgment for an award in condemnation.

The instant dispute arises from the following facts: On February 1, 1957, the City of Liberty passed an ordinance to appropriate two lots belonging to defendant Boggess for use as off-street parking. On June 10, 1957, commissioners awarded damages in the sum of $48,720 and defendant filed exceptions. On February 17, 1958, there was a…