Marks v. State Highway Department

The exceptions in this case are to parts of the judgment rendered on the application for an interlocutory injunction. The exceptions here presented arise out of the same case as those decided in State Highway Department v. Marks, 167 Ga. 397 (145 S. E. 866). The decision then rendered, as to the issues raised, is the law of the ease, and the issues are there stated.

1. Marks et al. complain that the court erred in refusing to enjoin the “relocation” of the road between Augusta and Waynesboro, and thereby substituting what is called the “Peach Orchard Route” for the “McBean Route.” The act of…