State Ex Rel. State Road Commission v. Boggess

Calhoun, President:

In this eminent domain proceeding, the State Road Commission of West Virginia, condemner, excepted to the report of the commissioners and demanded a jury trial pursuant to the provisions of Code, 54-2-10. Grady Boggess, the landowner, did not except to the report or demand a jury trial within ten days after the report was returned and filed pursuant to the statute referred to above. Almost two years after the report of the commissioners was filed, the condemner, over the objection of the landowner, was permitted by the circuit court to withdraw its exception to the report…