STATE EX REL. DEPARTMENT OF HIGHWAYS v. DODGE

No. 1246.

166 So.2d 286 (1964)

STATE of Louisiana, through the DEPARTMENT OF HIGHWAYS, Plaintiff-Appellant, v. Lee Roy DODGE, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

July 10, 1964.


Attorney(s) appearing for the Case

D. Ross Banister, Glenn S. Darsey, Brunswig Sholars, Norman L. Sisson, Ben C. Norgress, Jesse S. Moore, Jr., by Jesse S. Moore, Jr., Baton Rouge, for plaintiffappellant.

Andrus & Pavy, by H. Garland Pavy, Opelousas, for defendant-appellee.

En Banc.


TATE, Judge.

The plaintiff Department expropriated defendant's property under the "quick-taking" statute, LSA-R.S. 48:441-48:460. The defendant landowner contested the amount of compensation deposited, and the trial court increased the award. The plaintiff Department devolutively appeals such increase.

The defendant landowner moves to dismiss the appeal. The landowner contends that the Department unconditionally acquiesced in the judgment by depositing into...

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