Hunt v. State Highway Department

Court of Appeals of Georgia

Hunt v. State Highway Department

115 S.E.2d 384, 101 Ga. App. 797, 1960 Ga. App. LEXIS 1013

Court of Appeals of Georgia·Decided June 8, 1960·No. 38101·Published

Opinion

Bell, Judge.

This case involves the same principle of law and is controlled by State Highway Department v. Hendrix, 215 Ga. 821 (113 S. E. 2d 761), where the Supreme Court in effect held that where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36 of the Code, as amended, tender of the amount awarded by the Special Master to the apparent or ostensible owner of such property is not a condition precedent to the condemnor’s right to pay the award into the registry of the court and enter an appeal to a jury.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

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Bell, Judge.

This case involves the same principle of law and is controlled by State Highway Department v. Hendrix, 215 Ga. 821 (113 S. E. 2d 761), where the Supreme Court in effect held that where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36 of the Code, as amended, tender of the amount awarded by the Special Master to the apparent or ostensible owner of such property is not a condition precedent to the condemnor’s right to pay the award into the registry of the court and enter an appeal to a jury.

Judgment affirmed.

Felton, C. J., and Nichols, J., concur.

Hunt v. State Highway Department, 115 S.E.2d 384, 101 Ga. App. 797, 1960 Ga. App. LEXIS 1013 (Ga. Ct. App. 1960).

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