Bradley v. Lithonia & Arabia Mountain Railway Co.
Supreme Court of Georgia
Equitable petition. Before Judge Smith. DeKalb superior court. September 15, 1916.
1Opinion of the CourtAtkinson, J.
1. If a corporation seeks to condemn private property un- , 'der the power of eminent domain, and the owner of the property sought to be condemned institutes an equitable action to enjoin the statutory "condemnation'proceedings on the ground that the corporation has no power of eminent domain, and that the proceedings in reality amount ■'merely to an attempt to take private property for private purposes, and the judge at chambers grants an interlocutory injunction, and, while • the case is pending in the Supreme Court on writ of error, another corporation of the same character is organized by…
2Cases cited3 opinions
- Harrold Bros. v. Mayor of AmericusSupreme Court of Georgia · 1914
- Atlanta, Stone Mountain & Lithonia R. v. BradleySupreme Court of Georgia · 1914
- Bradley v. Lithonia & Arabia Mountain RailroadSupreme Court of Georgia · 1914
3Cited by8 opinions
- Tift v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1925
- Department of Transportation v. LivaditisCourt of Appeals of Georgia · 1973
- Armstrong v. Illinois Central RailroadTennessee Supreme Court · 1926
- Austin Enterprises, Inc. v. DeKalb CountySupreme Court of Georgia · 1966
- NORTON REALTY & LOAN COMPANY, INC. v. Bd. of Ed. of Hall CountyCourt of Appeals of Georgia · 1973
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