Mayor of Rome v. Perkins
Cases that cite this one
6 later published cases cite this decision.
- Woodside v. City of Atlanta (Ga. 1958)
- City of Atlanta v. West (Ga. Ct. App. 1939)
- Brandon Fulton v. Fulton County Board of Commissioners (11th Cir. 2025)
- City of Omaha v. Croft (Neb. 1900)
- Lewis v. City of Seattle (Wash. 1893)
- Chambers v. Cincinnati & Georgia Railroad (Ga. 1882)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
By the Court
delivering the opinion.
The Mayor and Council of Rome having seized and appropriated a portion of the real estate of the defendant in the city to a public street, the action is brought to recover of the- corporation the value of the property thus taken. The iury found two hundred and eighty-five dollars for the plaintiff, Perkins.
A motion was made and overruled before the case was submitted to the jury, to dismiss the action. No exceptions was taken at the time to the decision ; but this is made one of the grounds for setting aside the verdict and arresting the judgment.
We think this objection, if good at all, came too late after verdict.
The landholder, instead of enjoining the corporation from taking his property before just compensation was made, or suing in trespass, brings his action to recover its value. If he is content to take this course, we do not see that the pub-
■ The testimony was conflicting. The jury have found the land to belong to the plaintiff, and we cannot say that their verdict is strongly and decidedly against the weight of evidence.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.