Lathrop Lumber Co. v. Pioneer Lumber Co.

This proceeding was commenced in the probate court, with the approval of the Alabama Public Service Commission, by petition of the Lathrop Lumber C&mpany, a corporation, against the Pioneer Lumber Company, a corporation, for condemnation of a strip of land of the defendant for the use of petitioner for 19 years for a railroad right of- way to haul timber or lumber. There was decree of condemnation and assessment of damages by the probate court, and from it the defendant appealed to the circuit court.

The petitioner on November 5, 1920, filed a motion in the circuit court to dismiss the appeal,…