State ex rel. DePuy v. District Court of the Sixth Judicial District

*329This is an original proceeding. Relators petitioned this court for a writ of prohibition to prohibit the district court of the sixth judicial district from proceeding further in a condemnation action. The relators were the owners of land sought to be condemned by the State Highway Commission, hereinafter referred to as the Commission. We issued an alternative writ, return was made, and argument had.

An order of preliminary condemnation was issued by the respondent court. The order was made in a condemnation action brought by the Commission to acquire right of way for the construction of a…