Robertson v. State Highway Commission

This is an eminent domain case. The only contention made by appellants, who are landowners, is that the district court erred in not allowing their motion to quash the summons in condemnation.

Rule 71.1(d) (1), W.R.C.P., pertaining to condemnation provides, at the time of filing the complaint, the plaintiff shall apply to the court for an order fixing the time and place for a hearing on the complaint. The contention is this was not done. No other irregularities in procedure are claimed.

The record shows that a proper complaint for condemnation was filed; that summons in condemnation was duly…