Arnold v. State Highway Department

Joslin, Judge.

It is clear that the condemnor filed its appeal from the special master’s award within the ten day period allowed by Code Ann. § 36-614a. The condemnees, however, claim that, under the holding of Woodside v. City of Atlanta, 214 Ga. 75 (103 SE2d 108), a 4-to-3 decision, the condemnor must have paid the award of the special master into the registry of the court within ten days after the filing of the award, or at a time.prior .to the filing of the appeal by the condemnor, and that this payment is a condition precedent to its right to appeal from the award. With this we disagree.

Th…