Home/Supreme Court of Georgia/Georgia Railway & Power Co. v. Mooney

Georgia Railway & Power Co. v. Mooney

93 S.E. 206, 147 Ga. 212, 1917 Ga. LEXIS 128
Supreme Court of Georgia·Decided August 17, 1917·No. No. 49·Published·Cited by 12 cases

Opinion

Atkinson, J.

1. Where proceedings are instituted by a power company against a landowner to condemn property under the Civil Code, § 5206 et seq., and an appeal is taken from the award of the assessors, the company, not having taken possession of the land, may dismiss the condemnation proceedings pending the appeal. Civil Code, §§ 5548, 5627; 2 Lewis on Eminent Domain, § 954; Sowers v. Cincinnati etc. R. Co., 162 Ind. 676 (71 N. E. 134); Millichar v. Iowa City, 116 Iowa, 390 (90 N. W. 86); Cornwall v. Louisville Ry. Co., 104 Ky. 29 (46 S. W. 685).

2. Applying the law as pronounced in the preceding note, it was erroneous, in the mandamus proceeding, to require the clerk of the superior court to issue an execution for the amount of the award returned by the assessors.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Georgia Railway & Power Co. v. Mooney, 93 S.E. 206, 147 Ga. 212, 1917 Ga. LEXIS 128 (Ga. 1917).

93 S.E. 206 (Georgia Railway & Power Co. v. Mooney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lamar Co. v. State
568 S.E.2d 752 (Court of Appeals of Georgia, 2002)
Towler v. State Highway Department
111 S.E.2d 154 (Court of Appeals of Georgia, 1959)
State Highway Department v. Wilson
106 S.E.2d 544 (Court of Appeals of Georgia, 1958)
Woodside v. City of Atlanta
103 S.E.2d 108 (Supreme Court of Georgia, 1958)
State Highway Board v. Long
6 S.E.2d 130 (Court of Appeals of Georgia, 1939)
Harrison v. State Highway Department
188 S.E. 445 (Supreme Court of Georgia, 1936)
Central of Georgia Railway Co. v. Thomas
144 S.E. 739 (Supreme Court of Georgia, 1928)