State Ex Rel. Frederick v. District Court of Fifth Judicial District Ex Rel. County of Big Horn

Petitioners ask for a writ of prohibition against respondents to prohibit their pro ceeding with a' trial by jury. Previously, the State Highway Commission; had filed a petition for condemnation in the district court seeking acquisition of title to certain lands belonging to the Fredericks. After notice, a hearing was held to determine necessity and an order granting immediate possession, as well as an order appointing commissioners to assess compensation, was entered. A “certificate of award of commissioners” was thereafter entered and within thirty days the State filed a demand for jury…