Legal Opinion
Georgia Power Company v. Lightfoot
Court of Appeals of Georgia
Decided March 14, 1958No. 37024PublishedCited by 5 opinions
1Opinion of the Court
Carlisle, Judge.
1. An appeal from the award of assessors in a condemnation proceeding under the provisions of Code Ch. 36-2 is a de novo investigation, and the defendant may file appropriate pleadings and defenses therein as in other suits. Central Georgia Power Co. v. Cornwell, 139 Ga. 1, 6 (3) (76 S. E. 387, Ann. Cas. 1914A, 880). In the trial of such an appeal in the superior court, the proceeding is governed by the rules applicable to ordinary suits. Western Union Tel. Co. v. W. & A. R. Co., 142 Ga. 532, 535 (83 S. E. 135).
2. In a case of the nature indicated by the preceding headnote,…
2Cases cited3 opinions
- Central Georgia Power Co. v. CornwellSupreme Court of Georgia · 1912
- Western Union Telegraph Co. v. Western & Atlantic RailroadSupreme Court of Georgia · 1914
- Jennings v. DavisCourt of Appeals of Georgia · 1955
3Cited by5 opinions
- DeKalb County v. Jackson-Atlantic Co.Court of Appeals of Georgia · 1971
- Iroquois Gas Corp. v. JurekAppellate Division of the Supreme Court of the State of New York · 1968
- State Highway Department v. HesterCourt of Appeals of Georgia · 1965
- City of Gainesville v. LogginsCourt of Appeals of Georgia · 1967
- Barron v. Department of TransportationCourt of Appeals of Georgia · 1988