Legal Opinion
City of Gainesville v. Loggins
Supreme Court of Georgia
Decided March 7, 1968No. 24439PublishedCited by 16 opinions
1Opinion of the Court
Nichols, Justice.
The Court of Appeals applied the well settled principle of law applicable to litigation generally that the voluntary payment of a judgment renders the issue made by such litigation moot. See Keener v. King Hardware Co., 215 Ga. 577 (111 SE2d 215). However, this rule is not applicable to condemnation proceedings, for if so applied any payment of the amount found to be the value of property condemned, whether by special master, or assessors, would preclude the condemnor from its right to appeal to a jury, or to the appellate courts.
In Woodside v. City of Atlanta, 214 Ga. 75, 80…
2Cases cited9 opinions
- Bowers v. Fulton CountySupreme Court of Georgia · 1966
- Woodside v. City of AtlantaSupreme Court of Georgia · 1958
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- State Highway Department v. HendrixSupreme Court of Georgia · 1960
- Harrison v. State Highway DepartmentSupreme Court of Georgia · 1936
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State Highway Department v. HowardCourt of Appeals of Georgia · 1969
- City of Gainesville v. ChambersCourt of Appeals of Georgia · 1968
- C. F. I. Construction Co. v. Board of Regents of the University SystemCourt of Appeals of Georgia · 1978
- Metropolitan Development & Housing Agency v. HillCourt of Appeals of Tennessee · 1974
- Imperial Body Works, Inc. v. National Claims Service, Inc.Court of Appeals of Georgia · 1981
11 more not listed; retrieve them via the Exa API.