67 S.E.2d 578 | Ga. | 1951
WILSON et al.
v.
STATE HIGHWAY DEPARTMENT OF GEORGIA et al.
Supreme Court of Georgia.
*511 George D. Anderson, H. C. Schroder, and Luther C. Hames, for plaintiffs in error.
Eugene Cook, Attorney-General, W. V. Rice, Assistant Attorney-General, Willingham, Cheney, Hicks & Edwards, and J. G. Roberts, contra.
DUCKWORTH, Chief Justice.
After an award by assessors in a condemnation proceeding had been made, and the condemnor, being dissatisfied with the award, had entered an appeal thereto within 10 days thereafter, the condemnees made a motion to dismiss the appeal, and the exception here is to the refusal of the court to dismiss the same. The Supreme Court is without jurisdiction. Code (Ann.), §§ 2-3704, 2-3708 (Constitution of 1945; Ga. L. 1945, pp. 43, 44). The question of whether or not the condemnor properly tendered the amount of the award before entering the appeal does not make a question for decision within the jurisdiction of this court. Nor does the allegation of estoppel by reason of a judgment decreeing fee-simple title to be in the condemnor make a question involving title to land and within the jurisdiction of this court. Andrews v. Sims, 151 Ga. 53 (105 S.E. 641); H. G. Hastings Co. v. Southern Natural Gas Corp., 173 Ga. 212 (159 S.E. 853).
Transferred to the Court of Appeals. All the Justices concur, except Hawkins, J., who is disqualified.
