City of Jefferson v. Capital City Oil Company

CAVE, Judge.

This is an appeal from, an order of the circuit court dismissing plaintiff’s cause for failure to prosecute.

A general statement of the occurrences will first be made, and a consideration of the evidence in connection therewith discussed later.

■ On April 22, 1949, the plaintiff, hereafter referred to as the “city”, filed its petition in condemnation in which it sought to acquire right-of-way or other property interests across various tracts of land, within the city, among which was certain land owned by Richard A. and Phyllis F. Schell, doing business as Atlas Materials- Company,…