Wallace v. Phenix City

LAWSON, Justice.

On August 9, 1955, Phenix City, a municipal corporation, filed a petition in the Probate Court of Russell County to condemn lands belonging to George G. Wallace and wife for street purposes. The award of the commissioners in the Probate Court was $5,150 and judgment of condemnation was entered accordingly. The property owners took an appeal to the circuit court. No issue was made in the circuit court of the right of the City to condemn the property in question. The case was tried in the circuit court before a jury. The sole issue was the amount of damages to be awarded the…