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STATE v. SECOND JUDICIAL DIST. COURT, WASHOE COUNTY

No. 4190.

337 P.2d 274 (1959)

75 Nev. 200

STATE of Nevada, on relation of its DEPARTMENT OF HIGHWAYS, Petitioner, v. SECOND JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF WASHOE, Respondent.

Supreme Court of Nevada.

April 7, 1959.

Attorney(s) appearing for the Case

William E. Freedman, Deputy Att. Gen., for petitioner.

Ernest S. Brown, William L. Hammersmith, Reno, for respondent.

MERRILL, Chief Justice.

This proceeding involves the condemnation of land by the State. The State is in possession of the premises under order of immediate occupancy. It has appealed from the award of compensation, contending that the award is excessive. The question here presented is whether the State, as a condition to remaining in possession pending its appeal, must deposit in court the amount of the award.

The...

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