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State Highway Department v. Trustees of Mount Lebanon Baptist Church

Court of Appeals of Georgia
Jan 30, 1959
107 S.E.2d 577 (Ga. Ct. App. 1959)

Opinion

37377.

DECIDED JANUARY 30, 1959.

Condemnation. Richmond Superior Court. Before Judge Kennedy. July 23, 1958.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, John L. Jernigan, Deputy Assistant Attorney-General, Franklin H. Pierce, for plaintiff in error.

Wallace B. Pierce, Thomas S. Pierce, Pierce Bros., Cohen, Cohen Slaton, Rodney S. Cohen, contra.


In the instant case, arising out of condemnation proceedings brought by the State Highway Department of Georgia, both the condemnor and the condemnee appealed from the award of the appraisers within ten days from the date of such award and the judgment of the court thereon. No tender, as required under the decision of the Supreme Court in Woodside v. City of Atlanta, 214 Ga. 75 ( 103 S.E.2d 108), was made by the condemnor, and the condemnee's motion to dismiss the condemnor's appeal was sustained, and the condemnee was allowed to dismiss its own appeal without the consent of the condemnor. Held:

Under the decision of the Supreme Court in the Woodside case, and the decision of this court in State Highway Dept. v. Blalock, 98 Ga. App. 630 ( 106 S.E.2d 552), the appeal of the condemnor was properly dismissed. However, the appeal of the condemnee should not have been dismissed without the consent of the condemnor ( State Highway Dept. v. Blalock, supra; State Highway Board v. Long, 61 Ga. App. 173, 6 S.E.2d 130), and such judgment must be reversed.

Judgments affirmed in part and reversed in part. Felton, C. J., and Quillian, J., concur.

DECIDED JANUARY 30, 1959.


Summaries of

State Highway Department v. Trustees of Mount Lebanon Baptist Church

Court of Appeals of Georgia
Jan 30, 1959
107 S.E.2d 577 (Ga. Ct. App. 1959)
Case details for

State Highway Department v. Trustees of Mount Lebanon Baptist Church

Case Details

Full title:STATE HIGHWAY DEPARTMENT v. TRUSTEES OF MOUNT LEBANON BAPTIST CHURCH

Court:Court of Appeals of Georgia

Date published: Jan 30, 1959

Citations

107 S.E.2d 577 (Ga. Ct. App. 1959)
107 S.E.2d 577

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