Hendrix v. State Highway Department

The assessors’ award in this condemnation proceeding was dated September 16, 1957. The State Highway Department, which under Code § 36-601 had 10 days to appeal from the award did in fact appeal on September 18, 1957, and the county warrant for the. amount of the award was drawn and delivered to the clerk of court on the same day. On September 30, 1957, the condemnee moved the court for an order directing the clerk to pay him the amount of award “paid unto said clerk of aforesaid condemnor upon the filing of an appeal entered by said condemnor to the award.” The clerk, who had cashed the…