State v. Sharp

SIMPSON, Justice.

This is a condemnation proceeding instituted by the State (appellant) to condemn a portion of the land belonging to the appellees for the purpose of constructing a highway. The matter was appealed from the Probate Court of Tuscaloosa County to the Circuit Court where the case was tried de novo before a jury. The jury returned a verdict in favor of the landowners of $4,000. From the judgment entered on this verdict the State appealed to this Court.

The appellee has filed a motion to dismiss the appeal assigning as grounds the failure of the appellant to post bond or *669security…