State Ex Rel. State Highway Commission v. Day

This case went to the Supreme Court on appeal from the Circuit Court of Andrain County. It was argued and submitted in Division No. 1, whereupon that division, in a well considered opinion by Presiding Judge Atwood, stated the facts and disposed of the case as follows:

"This proceeding was instituted in the circuit court of Audrain County to condemn certain land belonging to defendants, who appear here as respondents, for right-of-way and drainage purposes in the location and construction of a certain state highway. The amount of land sought to be taken for right-of-way purposes was 5.28…