GEORGIA POWER COMPANY v. LIGHTFOOT

37024.

97 Ga. App. 330 (1958)

103 S.E.2d 99

GEORGIA POWER COMPANY v. LIGHTFOOT et al.

Court of Appeals of Georgia.

Decided March 14, 1958.


Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, T. M. Smith, Hull, Willingham, Towill & Norman, Robert C. Norman, J. P. Cheney, Cohen Anderson, for plaintiff in error.

Thomas M. Odum, contra.


CARLISLE, Judge.

1. An appeal from the award of assessors in a condemnation proceeding under the provisions of Code Ch. 36-2 is a de novo investigation, and the defendant may file appropriate pleadings and defenses therein as in other suits. Central Georgia Power Co. v. Cornwell, 139 Ga. 1, 6 (3) (76 S. E. 387, Ann. Cas. 1914A, 880). In the trial of such an appeal in the superior court, the proceeding is governed by the rules applicable to ordinary suits...

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