Garner v. Mayor &C. of Athens

Head, Justice.

If a public street or road is shown by the evidence to presently exist along the way or route which the city proposes to grade as a public street, the court did not err in denying the interlocutory injunction. If a street or road does not presently exist along the route proposed to be graded by the city, the city would.have no right to grade a street or road along the route, without first acquiring title or an easement to the street or road in the manner provided by law, and the court should have granted the application for interlocutory injunction.

The defendants did not allege,…