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ADAMS v. ARKANSAS STATE HIGHWAY COMMISSION

No. 5-2931.

363 S.W.2d 134 (1962)

Nola Clyde ADAMS v. ARKANSAS STATE HIGHWAY COMMISSION.

Supreme Court of Arkansas.

Rehearing Denied January 14, 1963.

Attorney(s) appearing for the Case

Dowell Anders, H. Clay Robinson and Wm. H. Donham, Little Rock, for appellant.

Hale & Fogleman, Rieves & Smith, Spears & Sloan, West Memphis, for appellee.

GEORGE ROSE SMITH, Justice.

This petition for a writ of prohibition (or a writ of certiorari) involves a construction of Act 115 of 1953, regulating the procedure by which the Highway Commission may deposit estimated compensation in the registry of the court in condemnation cases. Ark. Stats.1947, §§ 76-534 to 76-541. The particular question at issue is the extent of the trial court's power to permit the landowner to withdraw the deposit before trial.

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