Miller v. Kaylor

Deen, Judge.

1. A lake constructed north of the city of Dalton, Ga., resulted in rendering impassable a part of a road known as Haig Mill Road. On an action brought to have the road opened a mandamus absolute was granted against the Commissioners of Whitfield County on November 19, 1963, requiring them to open the road “to the flow of normal traffic as set out in the petition.” A motion for new trial was filed and remained pending until January 31, 1967, when it was dismissed. Meanwhile, on December 31, 1966, the county commissioners met and, following the procedure set forth in *669Code Ch. 95-2…