Dennis v. Howell

139 S.E. 347, 164 Ga. 657, 1927 Ga. LEXIS 246

• Court: Supreme Court of Georgia
• Decided: September 7, 1927
• Docket: No. 5720
• Status: Published

Opinion

Hill, J.

1. The judge properly struck the name of the City of Atlanta as a party to the case.

2. One of the issues in the case was whether Walnut Street had been dedicated and accepted by the City of Atlanta; and on that issue the resolution of the city council of 1916 was admissible as tending to show a recognition by the city of the existence of the street, and the court erred in rejecting it.

3. Other specific assignments, where a question is raised for determination by this court, show no reversible error.

4. As a new trial is granted in the case, no opinion is expressed as to whether the evidence authorized the verdict.

Appeal and Error, 4 O. J. p. 649, n. 36.

Municipal Corporations, 28 Cyc. p. 844,’ n. 17; p. 865, n. 42.

Judgment reversed.

All the Justices concur. B. L. Milling, E. W. Chambers, and Chambers & Dickey, for plaintiff. A. B. Dorsey, J. L. Mayson, and C. 8. Winn, for defendants.