First Nat. Bank of Mishawaka v. Penn-Harris-Madison School Corp.

The appellees filed a complaint to condemn the land of the appellants’ for use of a new consolidated school. Trial was had on the question of damages to be awarded to the condemnee. After the evidence was heard the jury awarded the condemnee damages of $68,000. The appellees herein then filed a Motion for New Trial, which Motion for New Trial was granted by the Court. The appellants appeal from the ruling of the Court in granting such Motion for New Trial. The Motion for New Trial was sustained on the 7th day of March, 1967. Thereafter, the Court, by a Nunc Pro Tunc Entry stated:

“It is clear…