State ex rel. State Highway Commission v. Kimberlin

BROADDUS, Judge.

This is an original proceeding in prohibition wherein relator sought to prohibit the Honorable James R. Garrison, Judge of the Circuit Court of Johnson County, from compelling the parties to go to trial before a jury in a condemnation case after the withdrawal of the only exceptions which were ever filed to the commissioners’ award by the party filing said exceptions. ■

Upon the filing of the petition for the writ we issued our preliminary rule. Respondent made his retiirn and relator filed its motion for judgment on the pleadings.

After submission of the cause Judge Garrison…