WALLACE v. PHENIX CITY

4 Div. 969.

108 So.2d 173 (1959)

George G. WALLACE et ux. v. PHENIX CITY.

Supreme Court of Alabama.

January 8, 1959.


Attorney(s) appearing for the Case

J. Pelham Ferrell, Phenix City, for appellant.

Roy L. Smith, Phenix City, for appellee.


LAWSON, Justice.

On August 9, 1955, Phenix City, a municipal corporation, filed a petition in the Probate Court of Russell County to condemn lands belonging to George G. Wallace and wife for street purposes. The award of the commissioners in the Probate Court was $5,150 and judgment of condemnation was entered accordingly. The property owners took an appeal to the circuit court. No issue was made in the circuit court of the right of the City to condemn the property...

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