Georgia Granite Railroad v. Venable
Supreme Court of Georgia
Appeal from condemnation proceeding. Before Judge Boanv DeKalb superior court. September 9, 1906. The Georgia Granite Bailroad Company desired to condemn a right of way through certain land of W. II. and S. H. Venable..
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Appeal from condemnation proceeding. Before Judge Boanv DeKalb superior court. September 9, 1906. The Georgia Granite Bailroad Company desired to condemn a right of way through certain land of W. II. and S. H. Venable.. It issued a notice, under the statute, for the purpose of commencing condemnation proceedings, dated March 17, 1904. It recited, that “Whereas the Georgia Granite Bailroad Company (a railroad company duly incorporated and organized under the laws of said State) has endeavored to enter into contract with you by which it would procure from you a right of way- one hundred feet in…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. After the proceedings to condemn were in progress, and it had been claimed that there were irregularities, it was agreed between the parties that they should be waived, and that the hearing should be had before the assessors. If the notice of the intention *345to condemn was not duty served, or if it was more extensive in describing the interest sought to be condemned than it should have been, these things at most were irregularities, and, under the terms of the agreement, were waived. Nor was this altered by a subsequent agreement, after the appeal, that…
2Cases cited4 opinions
- Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
- Bridwell v. Gate City Terminal Co.Supreme Court of Georgia · 1907
- Gurney v. Minneapolis Union Elevator Co.Supreme Court of Minnesota · 1895
- Savannah, Florida & Western Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1902
3Cited by14 opinions
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- Central of Georgia Railway Co. v. LawleyCourt of Appeals of Georgia · 1925
- Georgia Power Co. v. FountainSupreme Court of Georgia · 1950
- State Highway Department v. H. G. Hastings Co.Supreme Court of Georgia · 1938
- City of Houston v. SusholtzCourt of Appeals of Texas · 1929
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