Stevinson

The action was commenced to condemn an easement in the land of defendants. In the trial of the case the evidence as to the issues properly triable by the court, to wit: The issue of public use and the issue of public necessity, were first heard by the court and the court orally announced its conclusion in favor of plaintiff, and thereupon the jury was impaneled and heard the evidence upon the issue of damages and a verdict was returned thereon on November 18,1915, as follows: “We the jury in the above entitled action hereby ascertain and assess the damages to the 2407.27 acres of swamp and overflowed land described in the complaint at the sum of $425,000.00. A. E. Owen, Foreman. (Indorsed) : Filed this 18th day of November, A. D. 1915. P. J. Thornton, Clerk. Entered November 18,1915. P. J. Thornton, County Clerk.”

On November 29, 1915, the trial judge made and filed findings of fact and conclusions of law and on the same day entered judgment, of which notice was duly given to defendant, December 2, 1915. The judgment recites the fact that a jury had been “duly impaneled to try the issue as to damages, and said matter having been duly tried, and the jury having duly rendered its…