Clay County Court v. Adams

Lively, President :.In this condemnation suit, the commissioner’s report awarded damages to Adams in the sum of $1,000.00; both parties excepted, and the case went to a jury which heard the evidence, viewed the premises, and awarded a like sum. Plaintiff moved to set aside the verdict, the court overruled the motion, and entered judgment. Plaintiff, the county court, prosecutes error.

Adams owned the coal under a tract of about 19 acres of land, abutting on Elk River, near the mouth of O ’Briens Creek in Otter District of Clay County, and the usual mining rights and privileges over the…