Town of Poulan v. Atlantic Coast Line Railroad
Supreme Court of Georgia
Injunction. Before Judge Spence. Worth superior court. April 24 1905. The Atlantic Coast Line Railroad Company filed a petition for an injunction against the Town of Poulan and its municipal officers.
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Injunction. Before Judge Spence. Worth superior court. April 24 1905. The Atlantic Coast Line Railroad Company filed a petition for an injunction against the Town of Poulan and its municipal officers. The material facts as set out in the petition are substantially as follows: For more than twenty years the plaintiff and its predecessors in title 'have been in the complete, exclusive, and adverse possession of a line of railroad through territory now within the limits of the Town of Poulan. In 1897 the Brunswick and Western Railroad Company, in order to confirm its title, obtained a deed…
1Opinion of the CourtCobb, J.
1. The bill of exceptions specified, as necessary to an understanding of the case, to be transmitted with the record, the affidavits of various persons; and the record contains numerous affidavits which it is claimed were used at the hearing. There is, however, nothing to identify these affidavits as having been so used. None of them are incorporated in the bill of exceptions or identified by the judge. Under such circumstances it is settled that this court can not consider the affidavits in determining the questions raised in the case. Sayer v. Brown, 119 Ga. 539 (1). As the judge granted…
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