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9.6 ACRES OF LAND, ETC. v. STATE

109 A.2d 396 (1954)

9.6 ACRES OF LAND, MORE OR LESS, SITUATED IN SEAFORD HUNDRED, SUSSEX COUNTY and State of Delaware, and Victor E. Hurley, Owner, Defendant Below, Appellant, v. The STATE of Delaware, upon the Relation of J. H. Tyler McCONNELL, J. Gordon Smith, Benjamin F. Shaw, II, J. Draper Brown, Jr., William P. Richardson, Clayton A. Bunting, and Samuel N. Culver, Constituting the State Highway Department of the State of Delaware, Plaintiffs Below, Appellees.

Supreme Court of Delaware.

November 29, 1954.

Attorney(s) appearing for the Case

Daniel J. Layton, Jr., Georgetown, Del., for appellant.

Ralph S. Baker, Georgetown, Del., for appellees.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

Although no motion to dismiss this appeal has been filed, the fundamental question for our determination is whether or not the order appealed from is a final judgment of the Superior Court and thus subject to review by writ of error.

This is a condemnation proceeding brought by the State Highway Department pursuant to 10 Del.C. Ch. 61, against the land condemned and its owner, the appellant. At the trial of the cause the appellant called...

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