Towler v. State Highway Department

100 Ga. App. 374 (1959)

111 S.E.2d 154

TOWLER

v.

STATE HIGHWAY DEPARTMENT.

37841.

Court of Appeals of Georgia.

Decided September 28, 1959.

Rehearing Denied October 8, 1959.

Allison, Pittard & Webb, Chas. C. Pittard, Jones Webb, for plaintiff in error.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, Dudley Hancock, contra.

QUILLIAN, Judge.

1. The principal question for decision is whether the condemnor can, as was attempted in the case sub judice, dismiss its appeal and entire proceeding instituted under power of eminent domain, after the appraisers have returned…