State ex rel. State Highway Commission v. Schmidt

This is an original proceeding brought by the Highway Commission of the State of Montana seeking a writ of prohibition, supervisory control, or other appropriate writ directed to the District Court of the Second Judicial District and the judge thereof. Also included as respondents were the defendants Schmidt and Meinecke in the following situation.

The fact situation is that a trial was had during January of 1963 in Silver Bow County resulting in a jury verdict fixing a condemnation award in favor of the defendants in that action. The trial judge considered the verdict to be inadequate and…