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
CourtSupreme Court of Georgia
DecidedAugust 17, 1917
DocketNo. 49
StatusPublished
Cited by12 cases

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

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.

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Cite This Page — Counsel Stack

Bluebook (online)
93 S.E. 206, 147 Ga. 212, 1917 Ga. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-railway-power-co-v-mooney-ga-1917.