Legal Opinion

Jones v. North Georgia Electric Co.

Supreme Court of Georgia

Decided May 16, 1906PublishedCited by 21 opinions

Petition for injunction. Before Judge Brand. Gwinnett superior court. March 7, 1906. The petition alleges, that the plaintiff is the owner of a certain tract of land, and that the defendant is a corporation chartered and organized under the laws of this State for the purpose of carrying on the business of generating electricity by water-power, to be used for the purpose of lighting towns and cities, supplying motive power to railroads and street-car lines, and supplying…

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Petition for injunction. Before Judge Brand. Gwinnett superior court. March 7, 1906. The petition alleges, that the plaintiff is the owner of a certain tract of land, and that the defendant is a corporation chartered and organized under the laws of this State for the purpose of carrying on the business of generating electricity by water-power, to be used for the purpose of lighting towns and cities, supplying motive power to railroads and street-car lines, and supplying light, heat, and power to the public, with the apparent right to exercise the power of eminent domain for said objects; that…

1Opinion of the Court

' Atkinson, J.

The right of the court to refuse to grant the injunction depends upon the constitutionality of the act of 1897 (Acts 1897, p. 68). The act is called into question upon one ground only, that is to say, it is challenged as being violative of that clause, found substantially identical in' the constitution of this State and in the constitution of the United States, which guarantees that “No person shall be deprived of life, liberty, or property, ex-cejot by due process of law.” It is insisted that the act violates that provision of the two constitutions for a single reason, namely,…

2Cases cited18 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. United States v. JonesSupreme Court of the United States · 1883
  3. Clark v. NashSupreme Court of the United States · 1905
  4. Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
  5. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884

13 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
  2. Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
  3. Demeter Land Co. v. Florida Public Service Co.Supreme Court of Florida · 1930
  4. Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
  5. Connecticut College v. CalvertSupreme Court of Connecticut · 1913

16 more not listed; retrieve them via the Exa API.

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