State Ex Rel. Ervin v. May

1 Reported in 285 N.W. 834. The intervening respondents have moved to dismiss the appeal in the above entitled matter on the ground of duplicity and nonappealability. The proceeding was one to condemn land for highway purposes, and the two interveners, owning separate parcels, were made parties to the proceedings. The commissioners awarded $660 damages to Alois Burda and $350 damages to Frank M. Korbel. The state by one notice of appeal attempted to appeal from both these awards, and when the appeal came up for hearing in the district court it was dismissed for duplicity by what was in effect…