State v. Boone

Appellant instituted proceedings in the Probate Court of Russell County to condemn for highway purposes approximately ten acres of land belonging to appellees. The latter appealed to the Circuit Court of Russell County from the judgment or award in the probate court, and appellant here appeals from the judgment of the circuit court. The award in the circuit court was $20,000.00.

Appellant filed a motion for new trial in the circuit court. The trial judge overruled the motion. This ruling is here assigned as error.

An assignment of error as here that the trial court improperly refused to grant a…