Covington & C. Bridge Co. v. Magruder

Citations

• 18 Ohio C.C. Dec. 607

Syllabus

<p>EMINENT DOMAIN — ERROR.</p> <p>Jelke, Swing and Gifferi, JJ.</p> <p>1. Money Deposited in Court on Award of Jury in Appropriation need not be Refunded by Land Owner Before Proceeding to Second Trial.</p> <p>A company which has appropriated land and paid into court the amount of compensation fixed therefor, under a stipulation that the money may be withdrawn by the landowner without prejudice to any other right, may he required in the discretion of the court to proceed to a second trial without a refunder by the landowner, of the amount of the first award withdrawn by him.</p> <p>¿. On Remand of Appropriation Case by Supreme Court, Common Pleas may Retain Same for Pinal Judgment on Reversal of Probate.</p> <p>The Supreme Court (in Covington & G. Bridge Go. v. Magruder, 63 Ohio St. 455, and State v. Hamilton Go. (Judges) 69 Ohio St. 372, having remanded a condemnation case to the common pleas court for retrial, “as . provided by law,” the common pleas court, under Rev. Stat. 6438 (Lan. 10015), may retain the case for trial and final judgment if it reverse the judgment of the probate court.</p> <p>'[Syllabus approved by the court.]</p>