Legal Opinion

State Highway Department v. Farmers Gin Co.

Court of Appeals of Georgia

Decided June 9, 1960No. 37816PublishedCited by 2 opinions

1Opinion of the Court

Nichols, Judge.

In response to a certified question, propounded by this court, the Supreme Court on May 5, 1960, instructed this court that tender to the condemnee of the amount of the assessor’s award is not a condition precedent to the condemnor’s right to pay the amount of the award into the registry of the court and enter an appeal to the jury. See State Highway Dept. v. Farmers Gin Co., 216 Ga. 70 (114 S. E. 2d 537). If such certified quiestion had been answered in the affirmative instead of the negative it would have disposed of the case. However, since it was not so answered another…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Woodside v. City of AtlantaSupreme Court of Georgia · 1958
  2. Holland v. Mutual Fertilizer Co.Court of Appeals of Georgia · 1911
  3. Collins v. BurkhalterSupreme Court of Georgia · 1916
  4. Towler v. State Highway DepartmentCourt of Appeals of Georgia · 1959
  5. State Highway Department v. Farmers Gin Co.Supreme Court of Georgia · 1960

3Cited by2 opinions

  1. Harris v. Harbin Lumber Co. of Royston (In Re Ellison)United States Bankruptcy Court, M.D. Georgia · 1983
  2. State Highway Department v. Farmers Gin Co.Court of Appeals of Georgia · 1960

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