State Ex Rel. Morrison v. McMinn

UDALL, Justice.

The plaintiff State of Arizona, hereinafter referred to as the State, brought an action in the superior court of Maricopa County to condemn for public use property owned by defendants. After full trial the jury returned a verdict granting the condemnation and fixing the price to be paid at $4,500 and judgment was entered thereon. Thereafter the trial court vacated the judgment and granted defendants’ motion for new trial. The State appealed, alleging as sole error that the trial court abused its discretion in granting the motion.

Although defendants in their motion for new trial…