BELL, Judge.
1. We consider initially the contention of the condemnee that in passing upon an oral motion to strike and dismiss the motion to dismiss the appeal, the trial court cannot consider the evidence. In support of this contention, condemnee urges that an oral motion to strike or dismiss the pleading is similar to or in the nature of a general demurrer and, therefore, no matters of evidence can be considered. While certainly this is the rule in cases testing...
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