Fulton County v. Goodman, 37320

• Decision Date: 28 January 1959
• Docket Number: No. 2,No. 37320,37320,2
• Citation: 107 S.E.2d 232,99 Ga.App. 5
• Parties: FULTON COUNTY v. H. I. GOODMAN
• Court: Georgia Court of Appeals

Page 232

107 S.E.2d 232

99 Ga.App. 5

FULTON COUNTY v. H. I. GOODMAN.

No. 37320.

Court of Appeals of Georgia, Division No. 2.

Jan. 28, 1959.

Harold Sheats, Paul H. Anderson, W. Neal Baird, Martin H. Peabody, Atlanta, for plaintiff in error.

Harry P. Hall, Jr., John L. Westmoreland, John L. Westmoreland, Jr., Atlanta, for defendant in error.

Syllabus Opinion by the Court

TOWNSEND, Judge.

This case is controlled by State Highway Dept. v. Wilson, 98 Ga.App. 619, 106 S.E.2d 544, State Highway Dept. v. Blalock, 98 Ga.App. 630, 106 S.E.2d 552 and Woodside v. City of Atlanta, 214 Ga. 75, 103 S.E.2d 108. Since the tender or payment to the condemnee of the assessor's award of compensation by the condemning authority is a condition precedent to its right to file and prosecute and appeal, it follows that the failure to make such tender or payment prior to or at the time of the filing of the appeal must result in a dismissal thereof. The trial court did not err in dismissing the appeal from the award of the assessors.

Judgment affirmed.

GARDNER, P. J., and CARLISLE, J., concur.