Wyatt v. Hendrix

W. H. Hendrix made an application to the ordinary of Cherokee county, to' condemn and lay out a private way over the land of J. A. Wyatt. The ordinary granted the application, and appointed commissioners td lay out the road. Wyatt carried the case by certiorari to the superior court, and upon the hearing the trial judge dismissed the certiorari, and Wyatt excepted.

To authorize the condemnation of a right of way over the land of another person, a necessity for such way must exist. In Chattanooga &c. R. Co. v. Philpot, 112 Ga. 153 (37 S. E. 181), it was held: “ ‘Cases of necessity/ contemplated…