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TOMTEN v. THOMAS

No. 9022.

232 P.2d 723 (1951)

TOMTEN v. THOMAS, et ux.

Supreme Court of Montana.

June 12, 1951.

Attorney(s) appearing for the Case

W.B. Leavitt, Miles City, for appellants.

Farr & Colgrove, Miles City, for respondent.

ADAIR, Chief Justice.

This was a condemnation proceeding by M.E. Tomten, plaintiff, to acquire a private way of necessity over land belonging to Mr. and Mrs. Henry Thomas, defendants. The jury's verdict was for plaintiff. It found the necessity of the road and assessed $250 as the amount of all damage to be sustained by the defendants by the opening thereof.

Defendants filed a memorandum of their costs and disbursements...

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