Holden v. Harmon

Court of Appeals of Georgia

Holden v. Harmon

139 S.E. 129, 37 Ga. App. 197, 1927 Ga. App. LEXIS 574

CourtCourt of Appeals of Georgia

DecidedAugust 12, 1927

Docket18146

StatusPublished

Cited by1 cases

This text of 139 S.E. 129 (Holden v. Harmon) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holden v. Harmon, 139 S.E. 129, 37 Ga. App. 197, 1927 Ga. App. LEXIS 574 (Ga. Ct. App. 1927).

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Opinion

Luke, J.

The issue in the trial of a processioning ease is not as to title to the land (McAlpin v. Thompson, 29 Ga. App. 495 (7), 116 S. E. 64), and where the plaintiff introduces in evidence the petition to the proeessioners, with all entries thereon, including the affidavit as to service on the adjoining landowners, and the return of the proeessioners, and the surveyor’s plat, a prima facie case is made out. Castleberry v. Parrish, 135 Ga. 527 (3 a) (69 S. E. 817), and cit., Georgia Talc Co. v. Cohutta Talc Co., 140 Ga. 245 (4), 247 (78 S. E. 905).

In the instant case an amendment to the plat and to the return of the proeessioners was allowed without objection. Such an amendment was allowable. Thornton v. Hitchcock, 139 Ga. 749 (78 S. E. 179). The proceedings as amended and as introduced in evidence made out a prima facie case, and the court erred in dismissing the ease. The case of Rawls v. Nowell, 133 Ga. 874 (67 S. E. 187), is distinguished from this ease by its particular facts.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

The issue in the trial of a processioning ease is not as to title to the land (McAlpin v. Thompson, 29 Ga. App. 495 (7), 116 S. E. 64), and where the plaintiff introduces in evidence the petition to the proeessioners, with all entries thereon, including the affidavit as to service on the adjoining landowners, and the return of the proeessioners, and the surveyor’s plat, a prima facie case is made out. Castleberry v. Parrish, 135 Ga. 527 (3 a) (69 S. E. 817), and cit., Georgia Talc Co. v. Cohutta Talc Co., 140 Ga. 245 (4), 247 (78 S. E. 905).

In the instant case an amendment to the plat and to the return of the proeessioners was allowed without objection. Such an amendment was allowable. Thornton v. Hitchcock, 139 Ga. 749 (78 S. E. 179). The proceedings as amended and as introduced in evidence made out a prima facie case, and the court erred in dismissing the ease. The case of Rawls v. Nowell, 133 Ga. 874 (67 S. E. 187), is distinguished from this ease by its particular facts.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

139 S.E. 129, 37 Ga. App. 197, 1927 Ga. App. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holden-v-harmon-gactapp-1927.

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