Hendrix v. State Highway Department

Court of Appeals of Georgia

Hendrix v. State Highway Department

111 S.E.2d 635, 100 Ga. App. 417, 1959 Ga. App. LEXIS 636

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1959

Docket37781

StatusPublished

Cited by3 cases

This text of 111 S.E.2d 635 (Hendrix v. State Highway Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hendrix v. State Highway Department, 111 S.E.2d 635, 100 Ga. App. 417, 1959 Ga. App. LEXIS 636 (Ga. Ct. App. 1959).

Pincite

Opinions

Nichols, Judge.

1. Tender to the condemnee of the assessors’ award of compensation for the property sought to be condemned, or payment of it into the registry of the court on his 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. Woodside v. City of Atlanta, 214 Ga. 75 (103 S. E. 2d 108); State Highway Dept. v. Wilson, 98 Ga. App. 619 (106 S. E. 2d 544).

2. Where, as under the uncontradicted evidence in the present case, the condemnor attempted to file an appeal from the assessors’ award to a jury in Chattooga Superior Court, without first tendering the amount of the assessors’ award to the condemnee, the trial court erred in failing to dismiss the condemnor’s appeal on motion of the condemnee, and such judgment must be reversed.

Judgment reversed.

Gardner, P.J., Townsend, Carlisle and Quillian, JJ., concur. Felton, C.J., dissents.

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