Ark. State Hwy. Comm. v. Clay

Paul Ward, Justice.

This is an eminent domain proceeding.

On May 25,1965 the Arkansas State Highway Commission (appellant) filed suit to condemn several lots and parts of lots owned by James Henry Clay and his wife (appellees) for use in construction of Interstate Highway No. 40. A jury verdict awarded appellees the sum of $22,500.

When appellant attempted to prosecute an appeal to this Court it learned that, due to a defect in the reporter’s recording machine, all of the testimony and proceedings had not been recorded and that a complete record could not be furnished. Thereupon appellant…