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STATE v. WHITE

No. 4469.

401 S.W.2d 854 (1966)

STATE of Texas, Appellant, v. T. M. WHITE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 14, 1966.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Robert D. McGee, Asst. Atty. Gen., Austin, for appellant.

Martin & Martin, Hillsboro, McKool & McKool, Les King, Dallas, for appellees.

WILSON, Justice.

In an eminent domain proceeding the condemnor contends the judgment is void because it was rendered out of term while the County Court was in vacation and recess. The trial commenced August 8, 1965 and concluded with a jury verdict on August 12th. The judgment in condemnation was rendered September 2, 1965 and the order overruling appellant's motion for new trial is dated September 28th.

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