State Highway Department v. Wilson

98 Ga. App. 619 (1958)

106 S.E.2d 544

STATE HIGHWAY DEPARTMENT

v.

WILSON et al.

37290.

Court of Appeals of Georgia.

Decided October 14, 1958.

Rehearing Denied November 13, 1958.

Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, Ariel V. Conlin, John E. Hogg, Deputy Assistant Attorneys-General, Maxwell A. Hines, for plaintiff in error.

Robt. R. Forrester, contra.

TOWNSEND, Judge.

1. The questions raised by the motion to strike and the motion to dismiss may be disposed of together, for the fundamental question here is whether it is necessary, as a condition precedent…