Ainslee v. County of Morgan
Supreme Court of Georgia
Petition for injunction. Before Judge Park. Morgan superior court. July 30, 1920. Morgan County, through its board of commissioners of roads and revenues, served upon Mrs. Ainslee a notice of its purpose to condemn a strip of land 30.12 feet wide across her property for a distance of 3625 feet, to be used for the construction of a public road.
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Petition for injunction. Before Judge Park. Morgan superior court. July 30, 1920. Morgan County, through its board of commissioners of roads and revenues, served upon Mrs. Ainslee a notice of its purpose to condemn a strip of land 30.12 feet wide across her property for a distance of 3625 feet, to be used for the construction of a public road. Mrs. Ainslee filed a petition, seeking to enjoin the county and the individuals constituting the board of commissioners from proceeding with the condemnation; alleging that it was the intention to use the property, condemnation of which was sought, for…
1Opinion of the CourtGilbert, J.
Under the facts of this case it was error for the court to refuse to enjoin the county authorities from proceeding to condemn the land, there having been no compliance with sections 640 et seep Civil Code. Warren County v. Todd, 150 Ga. 690 (104 S. E. 906).
Judgment reversed.
All the Justices concur. K. S. Anderson and Orrin Roberts, for plaintiff. Williford & Lambert, for defendants.
2Cases cited1 opinion
- Warren County v. ToddSupreme Court of Georgia · 1920
3Cited by3 opinions
- Mitchell County v. HudspethSupreme Court of Georgia · 1921
- Hoch v. CandlerSupreme Court of Georgia · 1940
- Shore v. Banks CountySupreme Court of Georgia · 1926