State ex rel. Morton v. Allison

EAGER, Judge.

This is a proceeding in prohibition initiated in the Springfield Court of Appeals; a preliminary rule was there issued and later made absolute. The opinion appears at Mo.App., 357 S.W.2d 733. We ordered the case transferred here primarily because it involved an interpretation of our Rule 86.06, V.A.M.R., concerning condemnation proceedings. Once it is here, we consider the case as if it had originated in this court.

The facts are very adequately stated in the opinion of the Court of Appeals, and we shall not need to relate them again in detail. On April 3, 1961, the State Highway…