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STATE HIGHWAY DEPARTMENT v. YEAGER

37970.

102 Ga. App. 17 (1960)

115 S.E.2d 705

STATE HIGHWAY DEPARTMENT v. YEAGER.

Court of Appeals of Georgia.

Decided June 30, 1960.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Eugene B. Brown, Walter B. Fincher, for plaintiff in error.

George T. Bagby, William Hall, D. S. Strickland, contra.

GARDNER, Presiding Judge.

1. A motion to dismiss the appeal of the condemnor from the award of the assessors was made by the condemnee Yeager, and sustained by the Judge of the Superior Court of Douglas County, and that judgment is here assigned as error. Insofar as the motion to dismiss is based on the contention that it is a condition precedent to the appeal that the condemnation money be first tendered by the condemnor...

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