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Lawskills.com Georgia Caselaw
STATE HIGHWAY DEPARTMENT v. HOLLEMAN, Intervenor.
22493.
MOBLEY, Justice.
Condemnation of land. Peach Superior Court. Before Judge Long.
The condemnor, however, at the close of the evidence moved for a directed verdict against the intervenor. Said motion was denied and the jury found a separate verdict in favor of the intervenor for $4,000. The condemnor made his motion for judgment n.o.v., which was denied. He excepts to that judgment. Held:
The controversy here is one concerning the proceeds of a condemnation award, and the title to the land is now with the condemnor. Therefore, the case is not one which involves title to land so as to give this court jurisdiction, but the title to the land is only incidentally involved in determining who is entitled to recover damages for the value of property taken for public purposes. Accordingly, the Court of Appeals, not this court, has jurisdiction to review the judgment complained of. See Grant v. Oakey, 218 Ga. 723 (130 SE2d 490); Boswell v. Underwood, 217 Ga. 675 (124 SE2d 394); Dougherty County v. Hamilton, 214 Ga. 644 (106 SE2d 789).
John M. Hancock, Jr., Ellsworth Hall, Jr., contra.
Eugene Cook, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, George Culpepper III, for plaintiff in error.
ARGUED MAY 11, 1964 -- DECIDED MAY 19, 1964 -- REHEARING DENIED JUNE 1, 1964.
Tuesday October 7 16:23 CDT


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