State v. Dempsey

McCALL, Justice.

This is an eminent domain proceeding filed by the appellant, State of Alabama, to acquire a right-of-way across a tract of land owned by the appellees for a public road with free access. The commissioners in the probate court made an award to the appellees and an order of condemnation was entered. The State appealed to the circuit court, and demanded a trial-by jury.

In the circuit court, there was a jury verdict and judgment entered thereon in favor of the landowners. The appellant, the State, filed a motion for a new trial which was overruled. ' Now, it has appealed from the…