State v. Carraway

This is an appeal by the state of Mississippi, acting in behalf of the state highway commission, from a condemnation proceeding instituted in the county court of Newton county, and appealed to the circuit court. In the circuit court, the state moved for a trial de novo, which motion was overruled, and the state declined to plead further, and judgment was entered affirming the county court.

The main contention on the appeal has reference to whether a trial de novo should have been granted in the circuit court on appeal from the county court. By section- 1497, Code of 1930, under' the chapter on…