Smith v. State

The appellants were plaintiffs below and filed this action for a writ of assessment of damages and the appointment of appraisers pursuant to the provisions of the eminent domain statutes. Sections 3-1701, et seq., Burns’ 1933, §§ 14061, et seq., Baldwin’s 1934. Appellees filed objections to the issuance of the writ, to which appellants replied. The cause was submitted to the court for trial upon a stipulation of the facts. Judgment was rendered against appellants that they take nothing by their complaint, and that the issuance of a writ of assessment be denied. Motion for a new trial was…