Ponder v. Shannon
Supreme Court of Georgia
County matters. Roads and bridges. Before Judge Buchanan. Monroe Superior Court. September Term, 1874. James M. Shannon and others petitioned the county commissioners of Monroe county to change or alter the road leading from Forsyth to Cabaniss, and to construct a bridge over the Towaliga river at the point where the new road will cross said stream. The commissioners appointed reviewers, wrho reported in favor of the alteration, as prayed for.
Read the full summary
County matters. Roads and bridges. Before Judge Buchanan. Monroe Superior Court. September Term, 1874. James M. Shannon and others petitioned the county commissioners of Monroe county to change or alter the road leading from Forsyth to Cabaniss, and to construct a bridge over the Towaliga river at the point where the new road will cross said stream. The commissioners appointed reviewers, wrho reported in favor of the alteration, as prayed for. The commissioners then caused Amos Ponder and others interested to be served with a notice to file their application for damages before May 14th, 1874.…
1Opinion of the Court
McCay, Judge.
1. Original jurisdiction is granted by the constitution to the ordinary or county commissioners over the subject of roads, bridges, etc. The judge of the superior court may, in a proper case, by certiorari, correct the errors of all inferior judicatories. But this is only a power to correct errors, not a concurrent jurisdiction over the subject. It is eminently proper that these matters shall be in the discretion of the county authorities, chosen by the people for the purpose. The judge of the superior court can only interfere when the county authorities violate the law, but so…
2Cited by4 opinions
- Atlanta & West Point Railroad v. RedwineSupreme Court of Georgia · 1905
- Heiple v. Clackamas CountyOregon Supreme Court · 1890
- Huff v. DonehooSupreme Court of Georgia · 1900
- Mallory v. Morgan CountySupreme Court of Georgia · 1908