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State Highway Department v. Taylor

115 S.E.2d 188, 216 Ga. 90, 1960 Ga. LEXIS 393
CourtSupreme Court of Georgia
DecidedMay 18, 1960
Docket20870, 20871
StatusPublished
Cited by8 cases

This text of 115 S.E.2d 188 (State Highway Department v. Taylor) 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. Taylor, 115 S.E.2d 188, 216 Ga. 90, 1960 Ga. LEXIS 393 (Ga. 1960).

Opinion

Quillian, Justice.

1. These cases arose under the provisions of Chapter 36-11 of the Code. In State Highway Dept. v. Hendrix, 216 Ga. 821 (113 S. E. 2d 761), it was held that tender of the amount of the award of the assessors to the apparent or ostensible owner of the land involved is not a condition precedent to the condemnor’s right to enter an appeal to a jury, when the amount of the award has been paid into the registry of the court within the time provided by law for the filing of an appeal.

*91 Argued April 11, 1960 Decided May 18, 1960. Eugene B. Brown, Walter B. Fincher, Eugene Cook, Attorney - General, Paul Miller, Assistant Attorney-General, for plaintiff in error. George T. Bagby, D. S. Strickland, William Hall, contra.

2, Where the amount of the assessors’ award is paid into the registry of the court, and thereafter paid to the condemnee, the condemnee is not precluded, by receiving the money, from attacking the validity of the appeal or moving that it be dismissed.

3. Where the condemnor pays the amount of the award of the assessors into the registry of the court as provided by Chapter 36-11 of the Code, the condemnor is not thereafter concerned with its distribution. Code § 36-1113. Question No. 3 requires no further specific answer.

Questions Nos. 1 and 2 are answered in the negative.

All the Justices concur.

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201 S.E.2d 191 (Court of Appeals of Georgia, 1973)
DeKalb County v. Jackson-Atlantic Co.
182 S.E.2d 160 (Court of Appeals of Georgia, 1971)
City of Gainesville v. Loggins
160 S.E.2d 374 (Supreme Court of Georgia, 1968)
State Highway Department v. Hester
143 S.E.2d 658 (Court of Appeals of Georgia, 1965)
Kreutz v. HOUSING AUTHORITY OF CITY OF DUBLIN
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State Highway Department v. Taylor
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115 S.E.2d 760 (Court of Appeals of Georgia, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
115 S.E.2d 188, 216 Ga. 90, 1960 Ga. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-department-v-taylor-ga-1960.