Parham v. Justices of the Inferior Court
Supreme Court of Georgia
Application for an injunction, in Decatur Superior Court. Decision by Judge Warren, 6th of December, 1850. This was an application for an injunction to restrain the Inferior Court and Commissioners of Roads, from opening a new public road, passing through the enclosed and unenclosed lands of complainant, Ransom Parham.
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Application for an injunction, in Decatur Superior Court. Decision by Judge Warren, 6th of December, 1850. This was an application for an injunction to restrain the Inferior Court and Commissioners of Roads, from opening a new public road, passing through the enclosed and unenclosed lands of complainant, Ransom Parham. The bill alleged, that a petition was presented to the Court for the opening of this road, signed by many persons who did not live in the neighborhood; that the same was gotten up, not for the public convenience, but by persons interested in having a road to a certain landing…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
*344The presiding Judge held, in this case, that it was competent for the Inferior Court, under the laws of this State, to lay out and open a road through the unenclosed lands of the complainant. This power is denied in this record. We are, therefore, called upon to determine whether, according to laws now in force in Georgia, the Inferior Court can exercise this power. It is a question of some magnitude in principle, and of great practical moment. It is very clear, that the Legislature may take the property of a citizen for purposes of public…
2Cases cited4 opinions
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- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Young v. HarrisonSupreme Court of Georgia · 1849
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- Varner v. MartinWest Virginia Supreme Court · 1883
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