State ex rel. State Highway Commission v. Gould

DIXON, Presiding Judge.

The State Highway Commission appeals trial court dismissals of exceptions filed to the award of the commissioners in a highway condemnation case and the dismissal of *174a party to the action before the exceptions were dismissed.

The procedural background of the' case is critical to the disposition of the issues posed. The proceedings in the condemnation case resulted in an award in favor of the landowners in the amount of $75,692.00 by the commissioners. At that time, the parties were four individuals, two named DeGrace, and the Merchants-Produce Bank and its trustee,…