State v. Jackson
State v. Jackson
Opinion
Eminent domain proceeding brought by the State (Code 1940, Tit. 19, Chap. 1) to acquire right-of-way for highway purposes.
The proceeding originated in the Mobile County probate court where there was an award of $7,000. From the order of condemnation there made, the State appealed to the circuit court of the county, where a trial de novo (§ 17, Tit. 19) was had before a jury. The sole issue on the trial was the amount of damages and compensation, if any, to be awarded the landowners. The jury fixed the amount at $8,-550. A judgment of condemnation followed. Thereupon, the State filed a motion for a new trial. The motion was overruled. This appeal was then brought by the State from the judgment of condemnation.
All of the assignments of error relate to, and have a bearing only upon, the amount to be awarded the landowners. But the amount of the award was not questioned in the trial court (in the motion for a new trial or otherwise), nor is it questioned here. *426 Accordingly, error; if there be error in any of the challenged rulings, is rendered harmless and cannot work a reversal. See: State v. Dunlap et ah, ante p. 418, 186 So.2d 132, and cases there cited.
The judgment of condemnation is due to be, and is, affirmed.
Affirmed.
Reference
- Full Case Name
- STATE of Alabama v. John L. JACKSON Et Al.
- Cited By
- 10 cases
- Status
- Published