Buchanan v. James
Supreme Court of Georgia
Petition for injunction. Before Judge Worrill.. Early superior court. August 3, 1907. In 1887 the public road leading from Blakely to the Port Gaines and Newton road at Liberty Hill church was duly established by the board of commissioners of roads and revenues of Early county. In 1894 certain citizens applied to them for an order allowing a change to be made in this road.
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Petition for injunction. Before Judge Worrill.. Early superior court. August 3, 1907. In 1887 the public road leading from Blakely to the Port Gaines and Newton road at Liberty Hill church was duly established by the board of commissioners of roads and revenues of Early county. In 1894 certain citizens applied to them for an order allowing a change to be made in this road. On this application the board appointed three road commissioners to examine into the matter, and, if they found the change to be of public utility, to mark it out conformably to law, and make their report under oath. They…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. Our statute declares that all roads laid out for public use by an order of the ordinary are public roads. Polit. Code, §509. The point is raised as to the width of a public road established by order of the ordinary (or county commissioners where county matters are administered by a board of commissioners, as in the present case), when the order establishing the road does not specify any particular width. The act of 1799 declared that all public roads thereafter laid out should be cleared of all trees, stumps, grubs, and brush, at least twenty feet wide. Cobb’s…
2Cases cited5 opinions
- Town of Poulan v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1905
- Chambers v. Cincinnati & Georgia RailroadSupreme Court of Georgia · 1882
- Terrell County v. YorkSupreme Court of Georgia · 1906
- Green v. Road BoardSupreme Court of Georgia · 1906
- Brown v. SamsSupreme Court of Georgia · 1903
3Cited by3 opinions
- State Highway Department v. StricklandSupreme Court of Georgia · 1958
- Clack v. Henry CountySupreme Court of Georgia · 1991
- Browne v. BensonSupreme Court of Georgia · 1927