Waldrep v. Hall County

Nichols, Justice.

1. The first enumeration of error contends that a part of the property allegedly traversed by the road is inside the city limits of the City of Gainesville and that, therefore, the City of Gainesville is a necessary party to the litigation. Under the decision in County of Gordon v. Mayor &c. of Calhoun, 128 Ga. 781 (58 SE 360), relied upon by appellant the city would have been a proper party, but where the issue is whether the road *559was dedicated by implication at a time when none of the area traversed by the alleged road was inside the corporate limits, the city is not a…