Williams v. County Commissioners

Appellee, as petitioner, instituted proceedings under the Eminent Domain Act against the appellant, as respondent, to condemn certain lands of the latter for the purposes of a highway, which terminated in a judgment in favor of the petitioner, from which the respondent has appealed. '

Respondent appeared specially and filed a plea to abate the proceedings, which was overruled. This ruling, it is contended, was erroneous. The averments of the plea, were to the effect that, at the time the condemnation- proceedings were instituted, another action was pending in the district court, in which a…