Legal Opinion

Kellett v. Fulton County

Supreme Court of Georgia

Decided November 4, 1959No. 20658PublishedCited by 21 opinions

1Opinion of the Court

Almand, Justice.

Error is assigned on the order of the trial judge sustaining the general demurrers of the defendant to counts one and two of the petition seeking to enjoin the further prosecution of two condemnation suits by the defendant against the plaintiff’s land.

In count one of the petition, the constitutionality of the act of 1957 (Ga. L. 1957, p. 387; Code,, Ann., Ch. 36-6A), under which the defendant was allegedly proceeding to condemn the plaintiff’s land, is attacked on two grounds: (1) that section 5 of the act (Code, Ann., § 36-605a) is violative of the due process of law…

2Cases cited9 opinions

  1. Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
  2. Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
  3. Robitzsch v. StateSupreme Court of Georgia · 1940
  4. City of Macon v. BensonSupreme Court of Georgia · 1932
  5. King v. City of McCaysvilleSupreme Court of Georgia · 1945

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Bowers v. Fulton CountySupreme Court of Georgia · 1966
  2. E-470 Public Highway Authority v. RevenigSupreme Court of Colorado · 2004
  3. City of Atlanta v. Heirs of ChampionSupreme Court of Georgia · 1979
  4. City of Atlanta v. First National Bank of AtlantaSupreme Court of Georgia · 1980
  5. Johnson v. Fulton CountyCourt of Appeals of Georgia · 1961

16 more not listed; retrieve them via the Exa API.

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