Powers v. Armstrong
Supreme Court of Georgia
Application for injunction, in Macon Superior Court. Decision by Judge Powers, at Chambers, 15th November, 1855. This bill was filed by Virgil Powers, Daniel V.' Vischer ■and Jacob Gh Vischer, alleging that in 1852, the Legislature ■incorporated “The Oglethorpe Bridge & Turnpike'Company,” for the building a bridge and turnpike across the Flint River, near the City of Oglethorpe; that by the charter, a provision was made for ascertaining the value of land taken for this…
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Application for injunction, in Macon Superior Court. Decision by Judge Powers, at Chambers, 15th November, 1855. This bill was filed by Virgil Powers, Daniel V.' Vischer ■and Jacob Gh Vischer, alleging that in 1852, the Legislature ■incorporated “The Oglethorpe Bridge & Turnpike'Company,” for the building a bridge and turnpike across the Flint River, near the City of Oglethorpe; that by the charter, a provision was made for ascertaining the value of land taken for this purpose ; and the award provided therein, was' to operate as a judgment against the company, and be enforced ¡by execution;…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
The complainant contracted with the Oglethorpe Bridge & 'Turnpike Company to build a bridge across Flint River, at •or near the ferry known as Traveller’s Rest Ferry. They proceeded with their contract, and built the bridge on the land of James W. Armstrong, the defendant. The company and Armstrong could not agree as to the value of the land, and a proceeding was instituted under the charter to assess it, which resulted in the confession of judgment by the company to Armstrong, in the sum of $6.000; Avhich proceedings, the complainants charge to…
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