Legal Opinion

Wellmaker v. Lamar County Advisory Board

Court of Appeals of Georgia

Decided September 16, 1931No. 20865PublishedCited by 2 opinions

1Opinion of the CourtStephens, J.

1. The county authorities can not lawfully discontinue a public road except in the manner prescribed by law, after application and notice and registration in the proper office. Jones v. Williams, 70 Ga. 704 (2) ; Shellnut v. Carroll County, 30 Ga. App. 200 (117 S. E. 333); Political Code (1910), §§ 636-644; Hamilton v. Cooper, 149 Ga. 669, 671 (101 S. E. 909). Where an old road has not been discontinued in the manner prescribed by law, and the failure of the county authorities to work it and keep it up is a damage to property owners affected, the remedy is by mandamus only, to compel the…

2Cases cited4 opinions

  1. Elbert County v. SwiftCourt of Appeals of Georgia · 1907
  2. Jones v. WilliamsSupreme Court of Georgia · 1883
  3. Shellnut v. Carroll CountyCourt of Appeals of Georgia · 1923
  4. Hamilton v. CooperSupreme Court of Georgia · 1920

3Cited by2 opinions

  1. Barham v. GrantSupreme Court of Georgia · 1938
  2. Swiney v. Dekalb CountyCourt of Appeals of Georgia · 1960

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