State Highway Department v. Wilson

Townsend, Judge.

The questions raised by the motion to strike and the motion to dismiss may be disposed of together, for the fundamental question here is whether it is necessary, as a condition precedent to the appeal (rather than at some later date, or not at all) that the amount of the assessors’ award must be paid or tendered to the condemnee, and this question necessarily depends upon the consideration of Supreme Court cases, and especially the latest case, Woodside v. City of Atlanta, 214 Ga. 75 (103 S. E. 2d 108). In that case the Supreme Court reversed the judgment of the trial court…