State v. Peinhardt

LAWSON, Justice.

The State of Alabama filed a petition in the Probate Court of Cullman Countv to condemn lands belonging to Carl A. Peinhardt for highway purposes.

The award of the commissioners in the Probate Court was $20,524.25 and judgment of condemnation was entered accordingly.

The State took an appeal to the Circuit Court, where no issue was made as to the right of the State to condemn the property in question. The sole issue was the amount of damages to be awarded the property owner.

In the Circuit Court the trial was before a jury, which returned a verdict in favor of the landowner in…