Mallette v. United States

SANBORN, Circuit Judge.

The main question for decision is whether the appellants, owners of land in Pulaski County, Missouri, taken by the Government in condemnation proceedings for Fort Leonard Wood, a military reservation, are entitled to have a jury determine the issue of the value of their land.1 They have appealed from a judgment confirming the award of commissioners. The appellants had excepted to the award and applied for a jury trial. The Government apparently resisted their application in the District Cpurt, and it was denied. Both parties now assert that the‘ application for a jury…