State Ex Rel. McKelvey v. Styner

ON PETITION FOR REHEARING.

GIVENS, J.

Respondent’s petition for a rehearing contends that in reversing the judgment in this case appellants have been afforded redress which under the statute should only be granted on an appeal from a judgment on a verdict and the appeal herein is from the final order of condemnation, and that this decision is precedent for the review of issues after a judgment of condemnation has become final by failure to take an appeal therefrom. This conclusion and its use as a supporting premise for respondent’s contention is incorrect in this: that no valid judgment of…