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STATE v. HOVIS

No. 52723.

425 S.W.2d 130 (1968)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Respondent, v. Harrison B. HOVIS and Annie L. Hovis, Appellants.

Supreme Court of Missouri, Division No. 2.

March 11, 1968.

Attorney(s) appearing for the Case

Robert L. Hyder, State Highway Commission of Missouri, Jefferson City, Stan J. Murphy, State Highway Commission of Missouri, Sikeston, Raymond S. Roberts, Trial Atty., Farmington, for respondent.

John W. Reid, II, J. B. Schnapp, Schnapp, Graham & Reid, Fredericktown, for appellants.

BARRETT, Commissioner.

In this proceeding in condemnation a jury awarded the landowners, Mr. and Mrs. Harrison B. Hovis, $15,000.00 damages. Contrary to the provisions of Civil Rule 78.01, V.A.M.R. ("Every order allowing a new trial shall specify of record the ground or grounds on which said new trial is granted"), the trial court sustained the state's motion for new trial without specifying any of the fourteen assignments of error set forth in its motion. Since ...

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