Legal Opinion

City of Elberton v. Adams

Supreme Court of Georgia

Decided April 14, 1908PublishedCited by 3 opinions

Injunction. Before Judge Iiolden. Elbert superior court. July 6, 1907. Adams filed an equitable petition against the City of Elberton, and Maxwell and Cleveland, as assessors, seeking to enjoin certain condemnation proceedings.

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Injunction. Before Judge Iiolden. Elbert superior court. July 6, 1907. Adams filed an equitable petition against the City of Elberton, and Maxwell and Cleveland, as assessors, seeking to enjoin certain condemnation proceedings. The petition alleges, that the City of Elberton owned and operated an electric lighting plant adjacent to plaintiff’s property; that said city had commenced proceedings to condemn a right of way over plaintiff’s tract of land for use by said city as á roadway to and from its power plant, as well as for the use of its poles, wires, etc., necessary for the transmission…

1Opinion of the CourtBeck, J.

(After stating the facts.) We are of the opinion that the court did not err in granting the interlocutory injunction. Certainly there was no abuse of discretion, under the evidence introduced to support the allegations of the petition. The Civil Code, §4660, provides that “The corporation or person seeking to condemn property for public purposes shall serve a notice upon the owner of the property and upon the owner of any remainder, reversion, mortgage, lease, security-deed, or other interest therein,” and it is further provided, in §4667, that “Unless service is acknowledged or waived, a…

2Cited by3 opinions

  1. McCallum v. BryanSupreme Court of Georgia · 1957
  2. Sheppard v. City of EdisonSupreme Court of Georgia · 1926
  3. Sheppard v. City of EdisonSupreme Court of Georgia · 1926

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