Housing Authority v. Mercer

Hall, Presiding Judge.

Condemnor appeals from the dismissal of its appeal to a jury. For a complete statement of the rather involved history of this case, see Housing Authority of Atlanta v. Mercer, 123 Ga. App. 38 (179 SE2d 275).

The trial court did not err in dismissing the appeal to a jury. The law is clear that an unconditional tender into the registry of the court of the amount of the award is a condition precedent to such an appeal. Woodside v. City of Atlanta, 214 Ga. 75 (103 SE2d 108). The only exception is for road and street purposes. Code Ann. §§ 2-301 and 36-1303. See also Kreutz v.…