State Highway Department v. Ponder

107 S.E.2d 284, 99 Ga. App. 7, 1959 Ga. App. LEXIS 756
CourtCourt of Appeals of Georgia
DecidedJanuary 28, 1959
Docket37387
StatusPublished
Cited by1 cases

This text of 107 S.E.2d 284 (State Highway Department v. Ponder) 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
State Highway Department v. Ponder, 107 S.E.2d 284, 99 Ga. App. 7, 1959 Ga. App. LEXIS 756 (Ga. Ct. App. 1959).

Opinion

Felton, Chief Judge.

The exception here is to the judgment of the court sustaining the motion of the condemnees to dismiss the appeal of the condemnor from the award of the assessors in a condemnation proceeding. The record (stipulation by [8]*8parties) shows that the condemnees also filed an appeal from the award of the assessors and since the case is still pending below and since all parties must have the issues adjudicated on the appeal filed by the condemnees (State Highway Dept. v. Blalock, 98 Ga. App. 630, 106 S. E. 2d 552), there has been no final judgment in the case and the writ of error, being-premature, must be dismissed.

Decided January 28, 1959. Eugene Cook, Attorney-General, Paul Miller, Assistant Attorney-General, John L. Jernigan, Deputy Assistant Attorney-General, John R. Rogers, for plaintiff in error. James H. Pate, Boh Reinhardt, Reinhardt & Ireland, contra.

Writ of error dismissed.

Quillian and Nichols, JJ., concur.

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Related

Cook County Veterans of Foreign Wars v. State Highway Department
137 S.E.2d 401 (Court of Appeals of Georgia, 1964)

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Bluebook (online)
107 S.E.2d 284, 99 Ga. App. 7, 1959 Ga. App. LEXIS 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-department-v-ponder-gactapp-1959.