Graham v. City of Duncan

\BERRY, Justice

(dissenting).

H am 'unable to agree with the majority opinion.

I ft support of its defense based upon the doctrine of res judicata the City offered in ‘evidence the Judgment roll in the condemnation prócée'ding and also offered in evidence 'the ¡hefeafter-referred-to transcript 'covering matters which occurred during '•trial of saicLproceeding.

In 'the petition,' notice, order appointing commissioner's, report of commissioners and demand for jury trial filed in the condemnation proceedings, no mention was made of ,crops or datfiag'e to crops. In th'e report of the commissioners…