State v. Curtis

DISSENTING OPINION

Bobbitt, C. J.

I dissent from the majority opinion herein and because it appears to me to be so manifestly in error, I feel impelled to state my reasons for disagreeing.

First: The action herein was originally commenced by appellant to condemn a part of appellee’s land for highway purposes. Appellee, pursuant to Acts 1905, ch. 48, §5, p. 59, being §3-1705, Burns’ 1946 Replacement, filed objections to the proceedings. These objections were overruled on October 9, 1959, and the same day the court, pursuant to Acts 1905, ch. 48, §4, p. 59, being §3-1704, Burns’ 1946 Replacement,…