State Ex Rel. State Highway Commission of Missouri v. Milnes

CLEMENS, Judge.

Defendant Donna Sue Milnes has appealed the trial court’s dismissal of her condemnation exceptions for failure to prosecute. The record:

Plaintiff Highway Commission instituted condemnation proceedings against defendant on April 6, 1967. By her attorneys, C. M. Hulen, Sr. and C. M. Hulen, Jr., defendant filed exceptions the same day and plaintiff did so on May 8.

Eight years later defendant directed interrogatories to plaintiff, who filed partial objections along with a notice to call up the objections for a hearing. No hearing has been held.

One of defendant’s attorneys, the late…