Legal Opinion

Armstrong v. Oglethorpe Bridge & Turnpike Co.

Supreme Court of Georgia

Decided August 15, 1855No. 87PublishedCited by 3 opinions

Award, in Dooly Superior Court. Tried before Judge Powers, April Term, 1855. This was an appeal taken by the Oglethorpe Bridge & Turnpike Company, from award rendered by three commissioners, to-wit: D. S. Harrison, W. H. Byrum and W. Beverly, selected by the parties and the Inferior Court of Dooly County, assessing damages for land and a ferry belonging to James W. Armstrong, and appropriated to their use by said company.

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Award, in Dooly Superior Court. Tried before Judge Powers, April Term, 1855. This was an appeal taken by the Oglethorpe Bridge & Turnpike Company, from award rendered by three commissioners, to-wit: D. S. Harrison, W. H. Byrum and W. Beverly, selected by the parties and the Inferior Court of Dooly County, assessing damages for land and a ferry belonging to James W. Armstrong, and appropriated to their use by said company. The commissioners assessed $6,000 as the damages, on the 17th day of February, 1855. The company entered an appeal, under their charter, within four days, to the Superior…

1Opinion of the Court

By the Court.

Benning, J.

delivering the opinion.

[1.] The award appealed from was made on the 17th February, 1855. The decision, that the appeal should “ he> completed by the filing and entry of the” affidavit, was rendered on the 12th of April, 1855, at the first Court which -was held after the making of the award ; so, that the appeal: was to the first Court coming after the date of the award appealed from, and was within less than two months after the date of the award.

The Statute authorizing an appeal in this case, does not say within what time it is that the appeal is to be entered!. Its…

2Cited by3 opinions

  1. Selma, Rome & Dalton Railroad v. GammageSupreme Court of Georgia · 1879
  2. Rogers v. AndersonCourt of Appeals of Georgia · 1957
  3. Rogers v. AndersonCourt of Appeals of Georgia · 1957

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