In re Condemnation of Property of Simmons

The date of the judgment appealed from is 22 August 1968. The record on appeal was docketed in this Court on 21 November 1968, one day after the ninety-day period for docketing expired. Therefore, this appeal may be dismissed under Rule 48 of the Rules of Practice in the Court of Appeals for failure to comply with Rule 5. However, we have nevertheless considered the appeal on its merits.

Petitioner’s first contention is that the presiding judge erred in sustaining the respondents’ motion to dismiss based upon the finding that petitioner failed to describe precisely the property sought to be…