Legal Opinion

City of Doraville v. SOUTHERN RAILWAY COMPANY

Supreme Court of Georgia

Decided April 22, 1971No. 26357PublishedCited by 7 opinions

1Opinion of the Court

Almand, Chief Justice.

The appeal here is from an order dismissing a petition seeking injunctive relief. It appears that the parties in the court treated the motion as one for a judgment upon the pleadings and documentary exhibits thereto, which is permissible under the Civil Practice Act, Code Ann. § 81A-112.

The material allegations in the petition, as well as the allegations in the answer and motion to dismiss of the defendant were as follows:

The City of Doraville, a municipal corporation, filed its complaint in Superior Court of DeKalb County seeking to enjoin the Southern Railway Company…

2Cases cited5 opinions

  1. Georgia Railroad & Banking Co. v. MaddoxSupreme Court of Georgia · 1902
  2. Beazley v. DeKalb CountySupreme Court of Georgia · 1953
  3. Tift v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1925
  4. City of Cape Girardeau v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1924
  5. Wingate v. City of DoerunSupreme Court of Georgia · 1933

3Cited by7 opinions

  1. City of Atlanta v. McKinneySupreme Court of Georgia · 1995
  2. Mobley v. Polk CountySupreme Court of Georgia · 1979
  3. Rabun County v. Georgia Transmission Corp.Supreme Court of Georgia · 2003
  4. City of Buford v. Georgia Power Co.Supreme Court of Georgia · 2003
  5. Central of Georgia Railroad v. Georgia Public Service CommissionSupreme Court of Georgia · 1987

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