City of Elberton v. Auld
Court of Appeals of Georgia
Action for damages; from Elbert superior court — Judge W. L. Hodges. August 12, 1921. On March 24, 1920, W. N. Auld filed suit for .damages against the City of Elberton, alleging, in substance, that he was the owner of a described tract of land which had been fenced, sodded, and made suitable for a pasture; that in June, 1916, the defendant, without legal authority and without his consent, cut a ditch across his land and laid sewer-pipes therein by means of which sewage…
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Action for damages; from Elbert superior court — Judge W. L. Hodges. August 12, 1921. On March 24, 1920, W. N. Auld filed suit for .damages against the City of Elberton, alleging, in substance, that he was the owner of a described tract of land which had been fenced, sodded, and made suitable for a pasture; that in June, 1916, the defendant, without legal authority and without his consent, cut a ditch across his land and laid sewer-pipes therein by means of which sewage •from the city was emptied into a branch flowing through his land, thereby polluting the waters of the branch and rendering…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) The vital question for determination by this court is whether or not the trial court erred in disallowing the proffered amendment to the defendant’s answer ? This amendment set up that the plaintiff, on August 18, 1917 (the time he filed his first suit), had two coexisting conflicting and inconsistent remedies against the defendant, to wit, a suit on contract, for the use and occupancy of his land, or an action ex delicto for trespass thereon, and that the plaintiff elected to sue for the use and occupation of his property and obtained a verdict and…
2Cases cited10 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Kennedy v. ManryCourt of Appeals of Georgia · 1909
- Bacon & Co. v. MoodySupreme Court of Georgia · 1903
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Stokes v. WrightCourt of Appeals of Georgia · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hawthorne v. PopeCourt of Appeals of Georgia · 1935
- Glisson v. BurkhalterCourt of Appeals of Georgia · 1923
- Coulter v. RobertsCourt of Appeals of Georgia · 1945
- Stein Steel & Supply Co. v. WilkinsCourt of Appeals of Georgia · 1960