City of Helena v. Rogan

MB- JUSTICE MILBUBN

delivered tbe opinion of the court.

This cause is before us on motion of the appellant for a rehearing. It is contended that we erred in what is held in the opinion (26 Mont. 452, 68 Pac. 798) respecting the necessity of sufficiently- describing the property to be taken. We have carefully Considered the able brief of counsel, but do not see any reason why we should modify anything we have said upon this matter.

A question ivas submitted in the briefs of counsel which was not discussed in the opinion, and we are asked to pass upon it now It is this: Is it necessary to allege…