South Carolina State Highway Department v. Bobotes

The opinion of the Court was delivered by

Mr. Justice Carter.

This case comes to this Court on appeal from an order of his Honor, Judge G. Dewey Oxner, under which order his Honor permitted the South Carolina State Highway Department to abandon the condemnation proceedings instituted in the case. The history of the case, as set forth in the record, may be stated, in substance, as follows:

On August 3, 1934, the South Carolina State Highway Department, acting through its right of way engineer, served notice of condemnation proceedings upon the appellants. It appears that this notice was in the…