Nichols v. Sutton
Supreme Court of Georgia
In' Equity, from Habersham Superior Court. Decision by-Judge-Jackson, at chambers, 27th March, 1857. This was a bill by Andrew J. Nichols, against Cicero H. Sutton and John G. Porter, road commissioners' for the Clarksville district, in the county of Habersham. The bill alleges that complainant had applied to the Inferior Court of said county, to allow him to change the public road running through his premises, and to do so at his own-expense.
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In' Equity, from Habersham Superior Court. Decision by-Judge-Jackson, at chambers, 27th March, 1857. This was a bill by Andrew J. Nichols, against Cicero H. Sutton and John G. Porter, road commissioners' for the Clarksville district, in the county of Habersham. The bill alleges that complainant had applied to the Inferior Court of said county, to allow him to change the public road running through his premises, and to do so at his own-expense. That said Court passed an order authorizing coinplainant to change said road and to locate it as indicated in his application. The bill further…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] We are not prepared to sustain the Judgebelow, on all the grounds, on which he refused to sanction the injunction in this case; but on some of them, we affirm his judgment. The petition of Nichols to the Inferior Court, was to alter the *371location of the road leading from the Loque bridge to the Vandyke bridge. The Court appointed commissioners to examine the matter with instructions that if they found the proposed alteration of public utility, to mark out the same, and report to the Court. The road was marked out and an order passed for the…
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