Sibley v. Volusia County

— Writ of error brings for review judgment in favor of the plaintiff in condemnation proceedings.

Plaintiff in error presents two questions for our determination stated as follows:

“First Question: Where a County undertakes to furnish to the State Road Department a right of way for a State Road, and files a petition in condemnation for such purpose, is it necessary that it be alleged in such petition that the right of way sought to be acquired is a necessary right of way .for said State Road, and that the lands sought to be condemned are necessary lands for the purpose of securing such right of…