Bailey v. Bazemore
Supreme Court of Georgia
Jurisdiction. Laws. County matters. Roads and bridges. Before Judge Lawson. Monroe Superior Court. August Term, 1880. Bazemore et al. petitioned the county commissioners of Monroe county to cause obstructions placed upon a private way by Bailey, agent, to be removed. On the hearing, the petition was sustained, and the defendant ordered to remove the obstructions. He petitioned for a certiorari, one ground being want of jurisdiction in the commissioners.
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Jurisdiction. Laws. County matters. Roads and bridges. Before Judge Lawson. Monroe Superior Court. August Term, 1880. Bazemore et al. petitioned the county commissioners of Monroe county to cause obstructions placed upon a private way by Bailey, agent, to be removed. On the hearing, the petition was sustained, and the defendant ordered to remove the obstructions. He petitioned for a certiorari, one ground being want of jurisdiction in the commissioners. The petition was overruled, and he excepted.
1Opinion of the Court
Jackson, Chief Justice.
In the view we entertain of this case, it is unnecessary to consider but one of the points made by the record; for if the commissioners of roads and revenues for Monroe county had no jurisdiction to remove the obstructions placed in this private way, their judgment in the case must fall, and the court below should have sustained the certiorari which invoked the interposition of the superior court to set aside the judgment of the county commissioners ordering the removal of the obstructions.
In Cobb’s Digest, page 955, will be found the act of 1834, which granted to the…
2Cited by2 opinions
- Griffin v. SanbornSupreme Court of Georgia · 1906
- Conley v. PooleSupreme Court of Georgia · 1881