Ballard v. Haines

Supreme Court of Georgia

Ballard v. Haines

42 S.E. 218, 115 Ga. 847, 1902 Ga. LEXIS 622

CourtSupreme Court of Georgia

DecidedJuly 18, 1902

StatusPublished

Cited by2 cases

This text of 42 S.E. 218 (Ballard v. Haines) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ballard v. Haines, 42 S.E. 218, 115 Ga. 847, 1902 Ga. LEXIS 622 (Ga. 1902).

Pincite

Opinion

Fish, J.

1. The phrase, “shall apply to the processioners,” as used in the Civil Code, § 3244, authorizing proceedings for the processioning of land, necessarily refers to an application in writing, and it follows that without such an application there can be no lawful proceedings under that section.

2. As there was in the present case no written application, the trial court did not err in sustaining a motion to dismiss “the case,” based on the ground, among others, of the “ insufficiency of the proceedings.”

Judgment-affirmed.

All the Justices concurring, except Leviis, J., absent.

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