State Ex Rel. Benson v. Stanley

DIBELL, Justice.

The defendant Matthew Keeley appeals from an order of the district court of Waseca county made March 14, 1932, denying his motion that the state include 40 acres, owned by him, in a pending condemnation proceeding for the acquisition of a right of way for a portion of trunk highway No. 7 in Waseca county, to the end that damages therefor be assessed. Upon the hearing an order dated January 5,1932, was made requiring the inclusion of the 40. After-wards the court of its own motion, by an order dated March 14, 1932, the one now on appeal, vacated the order of January 5, 1932,…