State v. Whitcomb

The plaintiff State Highway Commission brought this action to condemn a right of way over certain lands and premises for highway purposes in Lewis and Clark county. Numerous persons and corporations were parties defendant to the action. Appellant Barbour is the only one of the defendants appealing from the judgment of the trial court in this case.

Plaintiff alleged in the complaint its creation and existence, its membership, the corporate existence of the corporation defendants, the establishment of a state federal aid highway between the city of Helena and the town of Garrison in Powell…