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STATE v. OWEN

1 Div. 281.

184 So.2d 362 (1966)

STATE of Alabama v. William N. OWEN, Jr., et al.

Supreme Court of Alabama.

March 17, 1966.

Attorney(s) appearing for the Case

Harry Hardy, Sp. Asst. Atty. Gen., and Tyson, Marr & Friedlander, Mobile, for appellant.

Lyons, Pipes & Cook, Mobile, for appellees.

GOODWYN, Justice.

This is an eminent domain proceeding brought by the State (Code 1940, Tit. 19, Chap. 1) to acquire a right-of-way for highway purposes.

The proceeding originated in the Mobile County probate court where there was an award of $5,000. From the order of condemnation there made, the State appealed to the circuit court of the county, where a trial de novo (Code 1940, Tit. 19, § 17) was had before a jury. The only issue was the amount of damages...

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