Board of County Commissioners v. Humphrey
Supreme Court of Georgia
Injunction. Constitutional law. Before Judge Strozier. Decatur Superior Court. November Adjourned Term, 1872. Daniel Humphrey filed his bill against the Board of County Commissioners for the county of Decatur, and the corpoi’ation of the city of Bainbridge, making substantially the following case: Complainant is the owner of a ferry on the Elint river, near the city of Bainbridge, and of a body of lands extending above and below said ferry a considerable distance.
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Injunction. Constitutional law. Before Judge Strozier. Decatur Superior Court. November Adjourned Term, 1872. Daniel Humphrey filed his bill against the Board of County Commissioners for the county of Decatur, and the corpoi’ation of the city of Bainbridge, making substantially the following case: Complainant is the owner of a ferry on the Elint river, near the city of Bainbridge, and of a body of lands extending above and below said ferry a considerable distance. ITe purchased said lands because of the existence of said ferry on them, and paid largely more than they were worth for…
1Opinion of the Court
McCay, Judge.
Nothing is better settled than that private property cannot fee taken for public uses, except under the forms and by due course of law. This bill and answer and affidavits are full of *568conflicting statements. It is uncertain, especially, whether the public authorities have or have not pursued the law providing how land shall be taken and paid for to make a road. Amid these conflicting statements it was only proper that the Court should hesitate to believe, with positiveness, either side, and should conclude to keep things as they are until a jury can pass upon the facts, with…
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- Martin v. Fulton CountySupreme Court of Georgia · 1958
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