Section 23-4-5

Appeals.

Either the petitioner or any contesting landowner may appeal within 30 days from the order of the probate court closing and vacating the street to the circuit court of the county in which the lands are situated, and upon such appeal, the proceeding shall be tried de novo, either party having the right to demand trial by jury when and as such demand is authorized in civil actions in such court. In case the appeal is taken by any landowner, the appeal shall not suspend the effect of the proceeding in the probate court if the petitioner shall pay into the probate court the damages assessed to such landowner, together with the cost of the proceeding, and shall give bond in double the amount of such assessment, with sureties, to be approved by the probate judge, conditioned upon paying such damages as may be assessed to such landowner upon appeal. From the judgment of the circuit court, an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.

(Acts 1931, No. 49, p. 62; Code 1940, T. 56, §30.)