State Highway Department v. Lumsden

Full title: STATE HIGHWAY DEPARTMENT v. LUMSDEN et al

Court: Court of Appeals of Georgia

Date published: Mar 11, 1959

108 S.E.2d 142 (Ga. Ct. App. 1959)

108 S.E.2d 142

Opinion

37386.

DECIDED MARCH 11, 1959.

Condemnation. Turner Superior Court. Before Judge Gray. July 25, 1958.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, John L. Jernigan, Deputy Assistant Attorney-General, John R. Rogers, for plaintiff in error.

James H. Pate, Reinhardt Ireland, Bob Reinhardt, contra.

TOWNSEND, Judge.

The State Highway Department having failed, at the time of filing its appeal in this condemnation case from the award of the assessors, to pay or tender into court the amount of such award, the trial court did not err in sustaining the motion of the defendant in error to dismiss the appeal.

Judgment affirmed. Gardner, P. J., and Carlisle, J., concur.

DECIDED MARCH 11, 1959.