Legal Opinion
Mitchell v. State Highway Department
Supreme Court of Georgia
Decided January 5, 1961No. 21065PublishedCited by 13 opinions
1Opinion of the Court
Mobley, Justice.
Although the plaintiff, in his capacity as executor of the estate of W. E. Mitchell, should have been served with notice of the condemnation proceeding, the fact that he was served with notice as one of the eight “owners” of the land gave him knowledge of the proceeding. Since that was an action in rem and since the plaintiff herein had notice of the proceeding (Cook v. State Highway Board, 162 Ga. 84, 101, 102, 132 S. E. 902), he could have intervened as executor to protect the interests of the estate, under the provision of Code § 36-1113 that anyone claiming any interests…
2Cases cited20 opinions
- Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
- Oliver v. Union Point & White Plains RailroadSupreme Court of Georgia · 1889
- Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Atlantic & Birmingham Railroad v. PennySupreme Court of Georgia · 1904
- Chestatee Pyrites Co. v. Cavenders Creek Gold Mining Co.Supreme Court of Georgia · 1904
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- DeKalb County v. Jackson-Atlantic Co.Court of Appeals of Georgia · 1971
- Southern Railway Co. v. State Highway DepartmentSupreme Court of Georgia · 1963
- Adams v. Housing Authority of the City of AtlantaCourt of Appeals of Georgia · 1968
- Reeves v. City of AtlantaSupreme Court of Georgia · 1961
- Howard v. Housing AuthoritySupreme Court of Georgia · 1965
8 more not listed; retrieve them via the Exa API.