Frith v. Justices of the Inferior Court
Supreme Court of Georgia
Certiorari, in Randolph Superior Court. Decided by Judge Perkins, at May Term, 1860. In the year 1859, the Justices of the Inferior Court of Randolph county appointed certain commissioners to review and report on the laying out of a certain road to lead out of Cuthbert, Ga., through a ten acre lot adjoining the town of Cuthbert, in the possession of the plaintiff in error. The commissioners reviewed the premises and made a report in favor of opening said road, etc.
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Certiorari, in Randolph Superior Court. Decided by Judge Perkins, at May Term, 1860. In the year 1859, the Justices of the Inferior Court of Randolph county appointed certain commissioners to review and report on the laying out of a certain road to lead out of Cuthbert, Ga., through a ten acre lot adjoining the town of Cuthbert, in the possession of the plaintiff in error. The commissioners reviewed the premises and made a report in favor of opening said road, etc. Afterwards, the Inferior Court appointed certain persons to assess the amount of damages accruing to the owner of the land on…
1Opinion of the Court
By the Court
Stephens, J.,
delivering the opinion.
The statute requires the reviewers to be sworn, and we think that on account of the failure to swear these reviewers, the whole judgment, which was founded on their report, ought to have been set aside.
Judgment reversed.
2Cited by3 opinions
- Atlanta & West Point Railroad v. RedwineSupreme Court of Georgia · 1905
- Davis v. Board of Commr. of Lincoln CountySupreme Court of Oklahoma · 1913
- Anderson v. HowardCourt of Appeals of Georgia · 1925