Georgia Power Co. v. Fountain

I am of the opinion that the judgment in this case is right, by reason of the laches of the defendant in error.

The owner in this case sought to raise the issue of necessity by filing a petition in equity to enjoin the condemnation at its inception. In this petition, he named an assessor and authorized him to proceed with the other assessor if the owner’s prayer for an interlocutory injunction was denied. After a hearing on the application for a temporary injunction, the judge dissolved a restraining order and refused a temporary injunction. This, in effect, was a signal for the assessors to…