State Highway Dept. v. Lord
| Decision Date | 11 January 1971 |
| Docket Number | No. 1,No. 45587,45587,1 |
| Citation | 179 S.E.2d 780,123 Ga.App. 178 |
| Parties | STATE HIGHWAY DEPARTMENT v. Clayton LORD et al |
| Court | Georgia Court of Appeals |
Dubignon Douglas, Dublin, for appellees.
Syllabus Opinion by the Court.
1. The trial court granted the condemnee's motion for new trial. Within ten days from the date of the entry of this order, the trial judge signed a certificate which stated that immediate review "may" be had rather than using the statute's word "should" be had. (Ga.L.1968, pp. 1072, 1073; Code Ann. § 6-701(a)(2). This certificate substantially complies with the law. The motion to dismiss is denied.
2. This is the first grant of a new trial on the general grounds and one special ground. This being the case, the only question we will consider is whether the verdict was demanded by the law and the evidence. Queen v. State Highway Department, 100 Ga.App. 190, 110 S.E.2d 541; Goodyear Tire & Rubber Co. v. Johnson, 117 Ga.App. 278, 160 S.E.2d 211. An examination of the transcript shows a definite conflict in the evidence as to the value of the land taken and the consequential damages to the land not taken. The evidence therefore did not demand the verdict.
Judgment affirmed.
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Clayton v. Edwards
...127 Ga.App. 129(1), 192 S.E.2d 544 (1972) (allowing appeal where substantial compliance with statute shown); State Hwy. Dept. v. Lord, 123 Ga.App. 178, 179(1), 179 S.E.2d 780 (1971) Judgment reversed. BIRDSONG, P.J., and BEASLEY, J., concur. ...
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Bibb County v. McDaniel
...is substantially that specified by Code Ann. § 6-701(a)(2) and the motion to dismiss the appeal is denied. State Highway Dept. v. Lord, 123 Ga.App. 178(1), 179 S.E.2d 780; Hodge v. Dixon, 119 Ga.App. 397, 167 S.E.2d 377 2. The plaintiff-appellee is the widow of the deceased McDaniel, a pass......
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