City of Birmingham v. Hudson

The appeal is from the judgment of the circuit court dismissing the .petition of the city of Birmingham filed under section 7501 of the Code 1923, claiming an interest in the dam.ages assessed in the condemnation proceedings instituted by the city board of education of the city of Birmingham, against the appellee Hudson in the probate court.

After a decree of condemnation was entered by the probate 'court, Hudson appealed from that decree, with the result that the case in its entirety was transferred to the circuit court for trial de novo. Code 1923, § 7492.

After the case reached the circuit…