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STATE v. COBB

5 Div. 921.

267 So.2d 795 (1972)

STATE of Alabama v. Cornelia Carr COBB et al.

Supreme Court of Alabama.

September 7, 1972.

Attorney(s) appearing for the Case

Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellant.

W. B. Reneau, Wetumpka, for appellees.

PER CURIAM.

Appeal from a ruling of the Circuit Court dismissing an appeal of the State of Alabama from the Probate Court of Elmore County.

After an award in a condemnation proceeding to acquire certain real property for public use, the State appealed to the Circuit Court with demand for a jury trial.

The original petition prayed:

"1. That the Court will make and enter an Order setting the hearing of this Petition and appointing a guardian...

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