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  5. 236 S.W.2d 65 (1951)
 

BURTON v. WARD

Nos. 4-9444, 4-9451.

236 S.W.2d 65 (1951)

BURTON et ux. v. WARD. BEEDEVILLE SCHOOL DIST. v. BONE.

Supreme Court of Arkansas.

Dissenting Opinion February 5, 1951.

Attorney(s) appearing for the Case

No. 4-9444:

Pickens, Pickens & Ponder, Newport, for petitioner.

No brief for respondent.

No. 4-9451:

Kaneaster Hodges, Newport, for petitioners.

Pickens, Pickens & Ponder, Newport, for respondent.

McFADDIN, Justice.

Each of these cases is an original proceeding seeking, a writ of mandamus for trial of a pending cause. The cases involve the same controversy and are therefore consolidated.

Facts

On July 8, 1950, Beedeville School District of Jackson County (hereinafter called "Beedeville") filed eminent domain proceedings in the Jackson Circuit Court against D. H. Burton and wife (hereinafter called "Burton"). The complaint alleged: that Beedeville...

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