Otero Canal Co. v. Hungerford

delivered the, opinion of the court.

This action was instituted by appellant under the eminent domain statute for the purpose of securing a right of way for a ditch about to be constructed through the appellees’ lands. At the inception of the proceedings there were two cases commenced in the county court of Otero county, and after-wards taken to the district court upon change of venue. Affidavits upon which the change of venu.e was produced were filed by the appellees, setting forth that the amount involved in controversy was beyond the jurisdiction of the county court. In the district court…