State Highway Department v. Raines

Full title: STATE HIGHWAY DEPARTMENT v. RAINES et al

Court: Court of Appeals of Georgia

Date published: Jan 28, 1959

107 S.E.2d 259 (Ga. Ct. App. 1959)

107 S.E.2d 259

Opinion

37383.

DECIDED JANUARY 28, 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.

QUILLIAN, Judge.

This case is controlled by Woodside v. City of Atlanta, 214 Ga. 75 (3) ( 103 S.E. 108), where it is held: "For the reason stated in the corresponding division of the opinion, tender to the condemnees of the assessors' award of compensation for the property sought to be condemned, or payment of it into the registry of the court on their refusal to accept it, was a condition precedent to the condemnor's right to file and prosecute an appeal to a jury in the Superior Court of Fulton County."

Judgment affirmed. Felton, C. J., and Nichols, J., concur.

DECIDED JANUARY 28, 1959.

QUILLIAN, Judge.

The State Highway Department of Georgia filed a petition to condemn certain lands in Turner County. The assessors were appointed and returned their award. The condemnor appealed this award without first, or simultaneously therewith, paying or tendering the amount of the award to the condemnee, or depositing the same in the registry of the court. The condemnee filed a motion to dismiss the condemnor's appeal which was sustained. It is to this ruling exception is taken.