Tallapoosa County v. Troy Holley

GOODWYN, Justice. This is a condemnation proceeding brought by Tallapoosa County pursuant to Code 1940, Tit. 19, Chap. 1,
to acquire, for public highway purposes (14, Tit. 19), a portion of the residence lot of Troy Holley located in
Alexander City. The proceeding originated in the probate court where the commissioners assessed damages and compensation in
the amount of $1,000 and an order of condemnation was made in pursuance thereof. Holley appealed from said order to the circuit
court of Tallapoosa County where a trial de novo (17, Tit. 19) was held before a jury. At the Conclusion of the testimony, and after viewing the premises and receiving instructions from the trial Judge, the jury
rendered a verdict in favor of defendant Holley, fixing the amount of damages and compensation at $6,000. Judgment and an
order of condemnation followed. The county brought this appeal from that judgment (23, Tit. 19).