STATE HIGHWAY DEPT. v. WILSON

37290.

98 Ga. App. 619 (1958)

106 S.E.2d 544

STATE HIGHWAY DEPARTMENT v. WILSON et al.

Court of Appeals of Georgia.

Rehearing Denied November 13, 1958.


Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, Ariel V. Conlin, John E. Hogg, Deputy Assistant Attorneys-General, Maxwell A. Hines, for plaintiff in error.

Robt. R. Forrester, contra.


TOWNSEND, Judge.

1. The questions raised by the motion to strike and the motion to dismiss may be disposed of together, for the fundamental question here is whether it is necessary, as a condition precedent to the appeal (rather than at some later date, or not at all) that the amount of the assessors' award must be paid or tendered to the condemnee, and this question necessarily depends upon the consideration of Supreme Court cases, and especially the latest case...

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