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State Highway Department v. Farmers Gin Co.

114 S.E.2d 537, 216 Ga. 70, 1960 Ga. LEXIS 389
CourtSupreme Court of Georgia
DecidedMay 5, 1960
Docket20867, 20868, 20869
StatusPublished
Cited by5 cases

This text of 114 S.E.2d 537 (State Highway Department v. Farmers Gin Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Highway Department v. Farmers Gin Co., 114 S.E.2d 537, 216 Ga. 70, 1960 Ga. LEXIS 389 (Ga. 1960).

Opinion

Quillian, Justice.

In all of the above styled cases the Court of Appeals certified the identical question to this court, to wit: “In a condemnation case where the condemnor pays the amount of the assessors’ award into the registry of the court is it a prerequisite to the validity of the condemnor’s appeal that the condemnor must first have tendered the amount of *71 the assessors’ award to the condemnee before paying the amount of the award into the registry of the court?”

Argued April 11 and 12, 1960 Decided May 5, 1960. Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, Lawson ■& Fortson, Warren C. Fortson, for plaintiff in error case No. 20867. Dallam R. Jackson, contra. Tillman & Brice, for plaintiff in error case No. 20868. Eberhardt, Franklin, Barham ■& Coleman, for parties at interest not parties to record. Eugene Cook, Attorney-General, E. J. Summerour, Assistant Attorney-General, W. J. Gibbons, contra. John G. Cozart, for plaintiffs in error case No. 20869. Foley, Chappell, Kelley & Champion, Kenneth M. Henson, contra.

Each of the cases was instituted and prosecuted under the procedure provided by Code (Ann.) Ch: 36-11. This court held in the recently decided case, State Highway Dept. v. Hendrix, 215 Ga. 821 (113 S. E. 2d 761): “Where a proceeding in rem is brought to condemn property for a public use under the provisions of Chapter 36-11 of the Code as amended by the act of 1938, tender of the amount awarded by the assessors 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.”

The question of the Court of Appeals in each case must be answered in the negative.

All the Justices concur.

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Related

City of Gainesville v. Loggins
160 S.E.2d 374 (Supreme Court of Georgia, 1968)
State Highway Department v. Farmers Gin Co.
115 S.E.2d 760 (Court of Appeals of Georgia, 1960)
Slocumb v. Housing Authority
115 S.E.2d 459 (Court of Appeals of Georgia, 1960)
Tillman v. State Highway Department
115 S.E.2d 459 (Court of Appeals of Georgia, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
114 S.E.2d 537, 216 Ga. 70, 1960 Ga. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-department-v-farmers-gin-co-ga-1960.