Zarak v. Hjelle

TEIGEN, Chief Justice.

This is an appeal by one landowner from a judgment entered in his favor and that of one of his co-owners, in a condemnation proceeding brought by the state highway commissioner to acquire certain real property for highway purposes. No statement of the case is settled and the record in this court consists of the judgment roll which does not include the transcript of the evidence adduced at the trial, nor the exhibits that may have been introduced in evidence.

To acquire possession of the land, the highway commissioner offered to purchase the desired right of way from the…