[Download] "State Indiana v. Pollitt Et Al." by Supreme Court Of Indiana # Book PDF Kindle ePub Free
eBook details
- Title: State Indiana v. Pollitt Et Al.
- Author : Supreme Court Of Indiana
- Release Date : January 28, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
purposes, instituted an action in the name of the State against both appellees under the general eminent domain statute of 1905. Without objection an order was made appointing appraisers who made an award of $4,000, which was reported to the court and spread of record. The State contested the amount of the award by filing exceptions which were pending when about a month later the State paid the award plus the appraisers fees to the clerk of the court. Appellee Pollitt withdrew the money and paid the mortgage. Appellant concedes that in so doing appellees were within their rights. Over a month later the State filed its motion to dismiss the action and for an order against appellees to refund to the clerk the whole sum. They objected and an amended motion was filed. Appellees repeated their objections in writing. The motion was denied by the court. There was a trial without a jury on the issue raised by the exceptions. Finding and judgment was for appellees in the same amount as fixed by the appraisers. In this appeal therefrom the only question properly presented is whether the court erred in denying appellants said amended motion.