Legal Opinion

City of Carrollton v. Walker

Supreme Court of Georgia

Decided October 14, 1959No. 20585PublishedCited by 15 opinions

1Opinion of the Court

Head, Justice.

1. “The allegations of a pleading are to- be construed most strongly against the pleader, when attacked by demurrer.” Lee v. City of Atlanta, 197 Ga. 518, 520 (29 S. E. 2d 774); East Ga. Motor Club v. A.A.A. Finance Co., 212 Ga. 408, 410 (93 S. E. 2d 337). Allegations of the petition to the effect that “the proposed taking of said property is not of public necessity,” and “is no-t necessary for State or for municipal purposes”; “there is no need nor public necessity at any time” for the condemnation of homes and property of citizens of Carroll- ton; and that the proposed route…

2Cases cited15 opinions

  1. Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
  2. Lee County v. Mayor of SmithvilleSupreme Court of Georgia · 1922
  3. Lee v. City of AtlantaSupreme Court of Georgia · 1944
  4. Jones v. EzellSupreme Court of Georgia · 1910
  5. Williams v. City of LaGrangeSupreme Court of Georgia · 1957

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3Cited by15 opinions

  1. Kellett v. Fulton CountySupreme Court of Georgia · 1959
  2. Wiggins v. City of MacOnCourt of Appeals of Georgia · 1969
  3. State Highway Department v. HatcherSupreme Court of Georgia · 1962
  4. Miles v. BrownSupreme Court of Georgia · 1967
  5. STERLING MATERIALS COMPANY, INC. v. McKinleySupreme Court of Georgia · 1963

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