Legal Opinion
State Highway Department v. McCurdy
Supreme Court of Georgia
Decided March 8, 1962No. 21544PublishedCited by 9 opinions
1Opinion of the Court
Mobley, Justice.
It is now well settled by full-bench decisions of this court that general and special demurrers and other defensive pleadings may be filed by the condemnee in a condemnation proceeding in rem. Martin v. Fulton County, 213 Ga. 761 (101 SE2d 716); Russell v. Venable, 216 Ga. 137, 143(4) (115 SE2d 103). In fact, the court has gone further and held that not only may he do so but he may not bring a separate proceeding to protect his rights where all of his rights can be asserted in the condemnation proceeding. See Fulton County v. Aronson, 216 Ga. 497 (117 SE2d 166) and Johnson v.…
2Cases cited7 opinions
- Toomey v. Norwood Realty Co., Inc.Supreme Court of Georgia · 1955
- Elberton Southern Railway Co. v. State Highway DepartmentSupreme Court of Georgia · 1955
- Marist Society of Georgia v. City of AtlantaSupreme Court of Georgia · 1955
- Johnson v. Fulton CountySupreme Court of Georgia · 1960
- Fulton County v. AronsonSupreme Court of Georgia · 1960
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Highway Department v. SmithSupreme Court of Georgia · 1964
- Pye v. State Highway DepartmentSupreme Court of Georgia · 1970
- Department of Transportation v. WorleyCourt of Appeals of Georgia · 1979
- R. E. Adams Properties, Inc. v. City of GainesvilleCourt of Appeals of Georgia · 1972
- Johnston v. Clayton County Water AuthoritySupreme Court of Georgia · 1966
4 more not listed; retrieve them via the Exa API.