Alexander v. City Council
Supreme Court of Georgia
Petition for injunction. Before Judge Hammond. Richmond superior court. Irvin Alexander and Hugh Alexander instituted suit to enjoin the City Council of Augusta and its agents, J. J. Twiggs and J. D. McGee, from the commission of alleged acts of trespass in taking and removing certain trees and earth from the land of plaintiffs, and prayed for other relief.
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Petition for injunction. Before Judge Hammond. Richmond superior court. Irvin Alexander and Hugh Alexander instituted suit to enjoin the City Council of Augusta and its agents, J. J. Twiggs and J. D. McGee, from the commission of alleged acts of trespass in taking and removing certain trees and earth from the land of plaintiffs, and prayed for other relief. The defendants, in answer, alleged a right in the city to take the property under the power of eminent domain, as conferred by and in conformity with the provisions of the act approved December 27, 1845 (Acts 1845, p. 138), incorporating…
1Opinion of the CourtAtkinson, J.
1. The record discloses that the material taken-from the land was intended to be used in making repairs to the Augusta canal. It was urged that the power of eminent domain conferred by the act of 1845, as amended by the act of 1849, properly construed, did not extend to the right to take material for repair work, but was restricted to taking it for work of original construction. In making this contention counsel referred to certain language-contained in section 6 of the act of 1845, which declared that the-power of eminent domain might be exercised for the purpose of obtaining certain…
2Cases cited4 opinions
- Crovatt v. MasonSupreme Court of Georgia · 1897
- Gardner v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1903
- Georgia Railroad & Banking Co. v. Mayor of Union PointSupreme Court of Georgia · 1904
- Georgia Railroad & Banking Co. v. Town of DecaturSupreme Court of Georgia · 1907
3Cited by5 opinions
- Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
- City of Atlanta v. Fulton CountySupreme Court of Georgia · 1954
- O'Dowd's Sons & Co. v. City Council of AugustaSupreme Court of Georgia · 1914
- Bibb Brick Co. v. Central of Georgia Railway Co.Supreme Court of Georgia · 1921
- Harrison v. Southern Railway Co.Court of Appeals of Georgia · 1931