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Best v. Georgia Power Company

164 S.E.2d 125, 224 Ga. 669, 1968 Ga. LEXIS 892
CourtSupreme Court of Georgia
DecidedOctober 10, 1968
Docket24778
StatusPublished
Cited by12 cases

This text of 164 S.E.2d 125 (Best v. Georgia Power Company) 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
Best v. Georgia Power Company, 164 S.E.2d 125, 224 Ga. 669, 1968 Ga. LEXIS 892 (Ga. 1968).

Opinion

Duckworth, Chief Justice.

The petition showing that at the time this action for legal and equitable relief was filed in the lower court, a petition to condemn the property in rem had already been filed, the defendant therein could not decline to litigate and seek to bring a separate action such as here. Code Ann. § 81A-113 (Ga. L. 1966, pp. 609, 625); Johnson v. Fulton County, 216 Ga. 498 (117 SE2d 155); Fulton County v. Aronson, 216 Ga. 497 (117 SE2d 166); Golfland, Inc. v. Thomas, 218 Ga. 747 (130 SE2d 591). Accordingly, the court did not err in dismissing the action.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
164 S.E.2d 125, 224 Ga. 669, 1968 Ga. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/best-v-georgia-power-company-ga-1968.