STATE v. ALBERT

No. 34685.

103 N.W.2d 277 (1960)

170 Neb. 478

STATE of Nebraska, Department of Roads, Appellee, v. Earl F. ALBERT and Ruth L. Albert, husband and wife, Appellants.

Supreme Court of Nebraska.

May 20, 1960.


Attorney(s) appearing for the Case

Francis M. Casey, Plattsmouth, for appellants.

C. S. Beck, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., James F. Begley, Plattsmouth, for appellee.

Heard before CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.


MESSMORE, Justice.

This is an action in condemnation. The State of Nebraska, Department of Roads, plaintiff, appealed from an appraiser's award to the district court for Cass County. The case was tried to a jury resulting in a verdict for the defendants. The defendants filed a motion for new trial which was overruled. Defendants perfected appeal to this court.

The defendants assign as error that: (1) The trial court erred in giving on its own motion an admonition...

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