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State Alabama v. George Moore

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eBook details

  • Title: State Alabama v. George Moore
  • Author : Supreme Court of Alabama
  • Release Date : January 12, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

STAKELY, Justice. This is a proceeding begun in the Probate Court of Lee County, Alabama, by the State of Alabama (appellant)
to condemn for highway purposes certain property of George Moore (appellee). The amount of the award in the Probate Court
to George Moore was $21,902. This amount was paid into the Probate Court and an order of condemnation was there entered. The
property owner (George Moore) took an appeal to the circuit court and demanded a trial by jury in the circuit court. As required by statute, Code 1940, Tit. 19, § 18, the State on April 22, 1957, filed with the clerk of the circuit
court a supersedeas bond in the amount of $43,805 and entered into possession of the condemned property. The trial before
a jury in the circuit court resulted in a verdict and judgment for George Moore for $40,750. The State filed a motion for
a new trial in the circuit court. On January 17, 1958, the clerk of the court paid to George Moore the amount of the original
deposit of $21,902. This was by agreement of the parties made in open court. As will be hereinafter pointed out, the appellee,
therefore, claims interest on $18,848 from the time of the judgment, November 7, 1957. The motion for new trial was overruled
and this appeal followed.


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