State v. Millbrook Development Corp.

McCALL, Justice.

These are simultaneous appeals from final orders of the Circuit Court of Elmore County, dismissing the appeals of the State of Alabama in eminent domain proceedings, for the reason that on appeal to the circuit court from the probate court, where the proceeding originated, the guardian ad litem was not served with copies of the notices of appeal. On the premise that the issues of fact and law are the same in the two cases, on April 10, 1972, we ordered the cases consolidated for argument, consideration and disposition.

Now, on authority of State of Alabama v. Carr Cobb,…