Georgia Railway & Power Co. v. Head
Supreme Court of Georgia
Petition for injunction. Before Judge Jones. Lumpkin superior court. October 19, 1919. The Gainesville Railway and Power Company. built and owned a dam across the Chestatee river, in Lumpkin county, a short distance from the Hall county line. In 1912 the Gainesville company sold its street-railway system, lighting and power plants, including the Chestatee dam, to the Georgia Railway and Power Company.
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Petition for injunction. Before Judge Jones. Lumpkin superior court. October 19, 1919. The Gainesville Railway and Power Company. built and owned a dam across the Chestatee river, in Lumpkin county, a short distance from the Hall county line. In 1912 the Gainesville company sold its street-railway system, lighting and power plants, including the Chestatee dam, to the Georgia Railway and Power Company. The latter company owned a large dam near Gaines-ville in Hall County, known as the Dunlap dam. It constructed a transformer station near the Dunlap dam in Hall county, and transmitted its power…
1Opinion of the CourtGeorge, J.
(After stating the foregoing facts.) The defendant in 'any proceeding is required to traverse the return of the sheriff or any officer of the court at the first term after notice is had by the defendant. Civil Code, § 5556. An execution can not be arrested by an affidavit of illegality until after levy made. Civil Code, § 5306. It appearing that the execution issued upon the’ judgment against the plaintiff in error had not been levied upon any of its property, it could not file an affidavit of illegality. Since it was necessary to traverse the entry of the sheriff at the first term after…
2Cases cited5 opinions
- Southern Bell Telephone & Telegraph Co. v. ParkerSupreme Court of Georgia · 1904
- Central Georgia Power Co. v. NolenSupreme Court of Georgia · 1915
- Smith v. Southern Railway Co.Supreme Court of Georgia · 1909
- Kimsey & Dopson v. Macon Lumber Co.Supreme Court of Georgia · 1911
- Central Georgia Power Co. v. ParnellCourt of Appeals of Georgia · 1912
3Cited by22 opinions
- Scott v. Atlanta Dairies CooperativeSupreme Court of Georgia · 1977
- Southeastern Fidelity Insurance v. HeardCourt of Appeals of Georgia · 1971
- Sims T. V., Inc. v. Fireman's Fund InsuranceCourt of Appeals of Georgia · 1963
- Georgia Railway & Power Co v. HeadSupreme Court of Georgia · 1923
- Dowe v. Debus Manufacturing Co.Court of Appeals of Georgia · 1934
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