State Highway Department v. Trustees of Mount Lebanon Baptist Church

Nichols, Judge.

In the instant case, arising out of condemnation proceedings brought by the State Highway Department of Georgia, both the condemnor and the condemnee appealed from the award of the appraisers within ten days from the date of such award and the judgment of the court thereon. No tender, as required under the decision of the Supreme Court in Woodside v. City of Atlanta, 214 Ga. 75 (103 S. E. 2d 108), was made by the condemnor, and the condemnee’s motion to dismiss the condemnor’s appeal was sustained, and the condemnee was allowed to dismiss its own appeal without the consent of…