Mayor of Rome v. Perkins
Supreme Court of Georgia
Complainant in Floyd Superior Court. Tried before Judge Hammond, at the January Term, 1860. This was an action by the defendant in error, who was plaintiff in the Court below, against the Mayor and Council of the City of Rome, to recover compensation for certain lands belonging to plaintiff, which had been seized upon and appropriated by defendant for a public street in the city of Rome.
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Complainant in Floyd Superior Court. Tried before Judge Hammond, at the January Term, 1860. This was an action by the defendant in error, who was plaintiff in the Court below, against the Mayor and Council of the City of Rome, to recover compensation for certain lands belonging to plaintiff, which had been seized upon and appropriated by defendant for a public street in the city of Rome. The defendant moved to dismiss the action upon the ground, that the same could not be maintained upon the allegations contained in plaintiff’s declaration. The Court overruled the motion and defendant…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
The Mayor and Council of Rome having seized and appropriated a portion of the real estate of the defendant in the city to a public street, the action is brought to recover of the- corporation the value of the property thus taken. The iury found two hundred and eighty-five dollars for the plaintiff, Perkins.
A motion was made and overruled before the case was submitted to the jury, to dismiss the action. No exceptions was taken at the time to the decision ; but this is made one of the grounds for setting aside the verdict and arresting the judgment.
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