City of Douglas v. Atlantic Coast Line Railroad Co.

Duckworth, Chief Justice.

1. The defendants’ demurrer to the petition of the City of Douglas to condemn land for the extension of a street and to enjoin the defendants from erecting any structure on the land involved was sustained, and this judgment is excepted to here. The charter of 1899, as amended in 1921 (Ga. L. 1921, p. 870), in conferring upon the city the power of eminent domain to widen, extend, or open streets, lanes, alleys, etc., provides that “same being done in accordance with resolutions or ordinances passed by said Mayor and Aider-men.” The petition was fatally defective in…