Donaldson v. State Highway Commission

The opinion of the court was delivered by

Jackson, J.:

The appeal herein involved is by the landowners as appellants from certain orders in a condemnation proceeding brought by the State Highway Commission in acquiring a new right of way for improved state highways.

The present appeal is unusual in that both sides attack the opposing parties’ right to appear before the court. First of all, the highway commission challenges the landowners’ appeal to this court and contends there is no valid appeal in this case. We must say that it would appear that the commission is correct. That being the case,…