Pickett v. GEORGIA, FLORIDA & ALABAMA RAILROAD CO.

Mobley, Justice.

This case arose when the plaintiffs filed their petition in equity seeking to enjoin the defendant railroad from condemning their land and praying for attorney’s fees as damages for bringing this action on the grounds that the railroad was unlawfully attempting to condemn the plaintiff’s land, had acted in bad faith, and had caused them the unnecessary trouble and expense of maintaining the present suit. Before a hearing was had on the defendant’s general demurrer to the petition, the defendant railroad filed a motion in the condemnation case seeking to dismiss that proceeding…