State v. Miles

OPINION

WILSON, Justice.

In this condemnation case the land owners were accorded the right to open and close. They adduced evidence before the jury from three witnesses, and rested. There were numerous overruled objections to evidence which are the basis for points which it will be unnecessary for us to decide.

When condemnees rested, condemnors moved that the court “enter the judgment without submitting an issue as to the value of this land, for the reason that no issue has been made by the condemnees from the evidence offered”. Condemnor’s contentions as to deficiencies in the evidence…