State Highway Department v. Kirchmeyer

Whitman, Judge.

This is the third appearance of this condemnation case before this court. For the prior appearances and some background, see State Hwy. Dept. v. Kirchmeyer, 114 Ga. App. 433 (152 SE2d 17), and State Hwy. Dept. v. Kirchmyer, 118 Ga. App. 652 (165 SE2d 170). In the second appearance we held that the lower court did not err in denying the condemnor’s "Motion to Dismiss the Notice of Appeal of Condemnee and for Judgment on the Pleadings” (which motion was made upon the *186ground that the condemnee had not filed his appeal to a jury within the time allowed by law) because the statutory…