State v. Smithrock Quarry, Inc.

This is a condemnation action in which the state took defendant’s property for highway right-of-way purposes.

The jury returned a verdict in the amount of $117,000. The parties had stipulated the amount of $31,900 for certain special damages which were not submitted to the jury. The judgment, which included the verdict and the amount stipulated, was entered on June 8, 1956, in the amount of $152,172.33. The state had deposited $75,000 with the clerk of the court at the time the court had entered its order of public use.

On June 18, 1956, the state transmitted to the clerk of the court the…