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GRANT v. OAKEY

Supreme Court of Georgia.
Mar 12, 1963

ALMAND, Justice.

The case under review is a condemnation action where after the condemnor had paid the amount into court, the parties here filed their respective claims to the proceeds. After a hearing before the court, without a jury, the proceeds were awarded to the defendants in error. The sole question before the trial court and now under review was and is: Who was entitled to the proceeds of the award? The Court of Appeals and not this court has jurisdiction to review the judgment. See Boswell v. Underwood, 217 Ga. 675 ( 124 S.E.2d 394).

Transferred to the Court of Appeals. All the Justices concur.

SUBMITTED MARCH 12, 1963 — DECIDED MARCH 12, 1963.