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STATE v. PEINHARDT

6 Div. 498.

120 So.2d 728 (1960)

STATE of Alabama v. Carl A. PEINHARDT et al.

Supreme Court of Alabama.

Rehearing Denied June 2, 1960.

Attorney(s) appearing for the Case

Julian Harris, Decatur, for appellant.

Bland & Bland, Cullman, for appellees.

LAWSON, Justice.

The State of Alabama filed a petition in the Probate Court of Cullman County to condemn lands belonging to Carl A. Peinhardt for highway purposes.

The award of the commissioners in the Probate Court was $20,524.25 and judgment of condemnation was entered accordingly.

The State took an appeal to the Circuit Court, where no issue was made as to the right of the State to condemn the property in question. The sole issue was the amount...

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