Flinchum v. . Doughton

Special proceeding to assess damages to petitioner's lands alleged to have been taken by the State Highway Commission in the location and construction of Highway No. 74.

Summons was issued 1 December, 1930, returnable thirty days after date of service, and was served, together with the petition, 2 December following. Answer to the petition was filed 10 December, and on 29 December, or three days before the expiration of the return day, without notice and in the absence of the defendant, the clerk entered an order appointing appraisers, but without designating when they should meet.

Five days…