State Highway Department v. Marks

ON MOTION FOR REHEARING.

Plaintiffs in error moved for a rehearing. One of the grounds was that the court did not rule upon the contention made by movants that the so-called 7-mile stretch of road was a post-road, as referred to in the 1919 act. Ga. L. 1919, 242. One reason why the court did not deal with this question was, that, while the pleadings raised it, the question apparently was not insisted upon at the trial. When the chairman of the State Board was testifying a question was propounded to him which is indicated in his answer which follows: “As to how 1 justify myself and the board in…