STATE EX REL. DEPARTMENT OF HIGHWAYS v. LEHMAN

No. 42350.

462 P.2d 649 (1969)

STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Plaintiff in Error, v. Ralph J. LEHMAN, and Nina C. Lehman, Husband and Wife and Elta M. Allen, Defendants in Error.

Supreme Court of Oklahoma.

December 16, 1969.


Attorney(s) appearing for the Case

John Paul Walters, Chief of Legal Div., Oklahoma Highway Dept., by James M. Peters, Oklahoma City, for plaintiff in error.

J. Hugh Rinehart, Rinehart, Rinehart & Rinehart, El Reno, for defendants in error.


HODGES, Justice.

This is an appeal from an order of the District Court of Canadian County granting a new trial to the defendant in an action in eminent domain. The parties will be referred to as they appeared in the trial court.

The primary question raised on appeal is whether the trial judge erred in granting a new trial based upon a pure and unmixed question of law.

The journal entry sustaining the motion for new trial in its pertinent part contains...

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