Perkerson v. State Highway Board

Court of Appeals of Georgia

Perkerson v. State Highway Board

196 S.E. 476, 57 Ga. App. 585, 1938 Ga. App. LEXIS 340

CourtCourt of Appeals of Georgia

DecidedMarch 18, 1938

Docket26125

StatusPublished

This text of 196 S.E. 476 (Perkerson v. State Highway Board) 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.

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Perkerson v. State Highway Board, 196 S.E. 476, 57 Ga. App. 585, 1938 Ga. App. LEXIS 340 (Ga. Ct. App. 1938).

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Opinion

G-uerry, J.

. The Supreme Court decided in this case, on certiorari, that an action can not be brought directly and primarily against the State Highway Department for damages on account of unlawful appropriation of private property for construction of a road taken over by the State Highway Department under the State-aid system. State Highway Board v. Perkerson, 185 Ga. 617 (196 S. E. 42). See also Hardin v. State Highway Board, 185 Ga. 614 (196 S. E. 40). Under the foregoing decisions, the original judgment rendered by this court, 56 Ga. App. 316 (192 S. E. 475), reversing the judgment of the lower court in granting a nonsuit on the ground that the situs of such action Was in the county where the property so alleged to have been taken and damaged was situated, is vacated, and a judgment of affirmance is entered.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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G-uerry, J.

. The Supreme Court decided in this case, on certiorari, that an action can not be brought directly and primarily against the State Highway Department for damages on account of unlawful appropriation of private property for construction of a road taken over by the State Highway Department under the State-aid system. State Highway Board v. Perkerson, 185 Ga. 617 (196 S. E. 42). See also Hardin v. State Highway Board, 185 Ga. 614 (196 S. E. 40). Under the foregoing decisions, the original judgment rendered by this court, 56 Ga. App. 316 (192 S. E. 475), reversing the judgment of the lower court in granting a nonsuit on the ground that the situs of such action Was in the county where the property so alleged to have been taken and damaged was situated, is vacated, and a judgment of affirmance is entered.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.

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196 S.E. 476, 57 Ga. App. 585, 1938 Ga. App. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkerson-v-state-highway-board-gactapp-1938.

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