Harvey v. Warren

This appeal is from a judgment of the circuit court in condemnation of a right of way sought under the Act of September 30, 1919 (Gen. Acts, p. 982); the initial proceeding was had in the probate court pursuant to provisions contained in article 1, c. 79, Code of 1907, § 3860 et seq. Appeal was taken from the award in the probate court to the circuit court, where the amount of the damage was substantially reduced by the verdict of the jury. Code 1907, § 3875; Stollenwerck v. Elmore County, 210 Ala. 489, 98 So. 466; M. & B. R. R. Co. v. L. & N. R. R. Co., 192 Ala. 136, 68 So. 905; Const. § 235.