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TOWLER v. STATE HIGHWAY DEPARTMENT

37841.

100 Ga. App. 374 (1959)

111 S.E.2d 154

TOWLER v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Rehearing Denied October 8, 1959.

Attorney(s) appearing for the Case

Allison, Pittard & Webb, Chas. C. Pittard, Jones Webb, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, Dudley Hancock, contra.

QUILLIAN, Judge.

1. The principal question for decision is whether the condemnor can, as was attempted in the case sub judice, dismiss its appeal and entire proceeding instituted under power of eminent domain, after the appraisers have returned their appraisal awarding the condemnee just compensation for his property, and in that manner avoid liability for the amount awarded the condemnee? The epochal case of Woodside v. City of Atlanta,

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