State Highway Departmentv.Temples

Court of Appeals of GeorgiaJan 30, 1959
99 Ga. App. 24 (Ga. Ct. App. 1959)
99 Ga. App. 24107 S.E.2d 274

37379, 37385, 37391.

DECIDED JANUARY 30, 1959.

Condemnation. Case No. 37379 from Richmond Superior Court before Judge Kennedy, July 23, 1958. Cases Nos. 37385 and 37391 from Turner Superior Court before Judge Gray, July 25, 1958.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, John L. Jernigan, Deputy Assistant Attorney-General, Franklin H. Pierce, for plaintiff in error in case No. 37379.

Harris, Chance McCracken, Otis W. Harrison, contra.

Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, John L. Jernigan, Deputy Assistant Attorney-General, John R. Rogers, for plaintiff in error in cases Nos. 37385 and 37391.

James H. Pate, Bob Reinhardt, Reinhardt Ireland, contra.


The State Highway Department in the writs of error in the present cases assigns error on the judgments of the trial court dismissing its appeals from the awards of the appraisers in condemnation cases. The condemnees' motions to dismiss were based, among other things, on the fact that the condemnor had failed to pay or tender to the condemnees or pay into the registry of the court for the benefit of the condemnees the amount of the awards of the appraisers. Held:

These cases are controlled by the decision of the Supreme Court in the case of Woodside v. City of Atlanta, 214 Ga. 75 (3) ( 103 S.E.2d 108), wherein it was held: "Tender to the condemnees of the assessors' award of compensation for the property sought to be condemned, or payment of it into the registry of the court on their refusal to accept it, was a condition precedent to the condemnor's right to file and prosecute an appeal to a jury in the superior court. . ." Accordingly, the judgments of the superior courts must be affirmed.

Judgments affirmed. Felton, C. J., and Quillian, J., concur.

DECIDED JANUARY 30, 1959.