Mitchell County v. Hudspeth
Supreme Court of Georgia
Equitable petition. Before Judge Wilson. Mitchell superior court. November 6, 1920. Mrs. Sarah A. Hudspeth filed a petition against Mitchell County and Baker- County, having for its purpose the recovery of damages, and for injunction. The petition alleged, in substance, as follows: The plaintiff is the owner of a tract of land on both sides of Flint river at Newton, Georgia. The river is the dividing line between the Counties of Mitchell and Baker.
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Equitable petition. Before Judge Wilson. Mitchell superior court. November 6, 1920. Mrs. Sarah A. Hudspeth filed a petition against Mitchell County and Baker- County, having for its purpose the recovery of damages, and for injunction. The petition alleged, in substance, as follows: The plaintiff is the owner of a tract of land on both sides of Flint river at Newton, Georgia. The river is the dividing line between the Counties of Mitchell and Baker. As owner of the lands the plaintiff, and those under whom she claims title, have maintained and continuously operated a public toll ferry across…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. In the main bill, exception is taken to the overruling of the general demurrer only. It is insisted that the plaintiff was afforded an adequate remedy at law for the enforcement of whatever rights she may'have had under the eminent-domain act of 1894, as embraced in § 5206 et seq. of the Civil Code of 1910. It is further insisted that inasmuch as the condemnation proceedings had already been instituted under the act of 1894, they should continue, and therefore that the present petition should have been dismissed in the court below. Equitable relief in…
2Cases cited6 opinions
- Hudspeth v. HallSupreme Court of Georgia · 1900
- Dougherty County v. TiftSupreme Court of Georgia · 1885
- Cedar Works v. . ShepardSupreme Court of North Carolina · 1921
- Hutchinson v. Lowndes CountySupreme Court of Georgia · 1908
- Warren County v. ToddSupreme Court of Georgia · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Kniepkamp v. RichardsSupreme Court of Georgia · 1941
- Lee County v. Mayor of SmithvilleSupreme Court of Georgia · 1922
- Cook v. State Highway BoardSupreme Court of Georgia · 1926
- McFarland v. DeKalb CountySupreme Court of Georgia · 1968
- Hoch v. CandlerSupreme Court of Georgia · 1940
10 more not listed; retrieve them via the Exa API.