STATE EX REL. STATE HWY. COM'N v. MANLEY

No. 35751.

549 S.W.2d 533 (1977)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Respondent, v. Edwin J. MANLEY et al., on the exceptions of: M. K. Duebbert, Parcel 172, Defendant, and Edith L. Munday, Parcel 173, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied March 31, 1977.


Attorney(s) appearing for the Case

W. W. Sleater, St. Louis, Robert C. Jones, Clayton, for defendants-appellants.

Donald L. Spry, Kirkwood, for plaintiff-respondent.


DOWD, Judge.

A condemnation suit. On October 24, 1961, following the initial hearing, condemnation was ordered and commissioners appointed to assess damages sustained by defendants. Both plaintiff, hereinafter referred to as the state, and defendant Munday filed exceptions to the commissioners' damage award in March, 1962. Ten years later, in February, 1972, the state set its exceptions for trial. Defendant Munday filed a motion to dismiss the state's exceptions for...

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