Gordon County v. Pyron
Gordon County v. Pyron
Opinion of the Court
Pyron and others brought suit to enjoin the county authorities of Gordon county from letting a contract to build a bridge over the Oostanaula river at a designated point in the county, the grounds of the petition being that no provision had been made by the county authorities to pay for the bridge; that the Oostanaula river is a navigable river opened up to navigation and kept in a navigable condition by the United States government, and no permission has been obtained from the United States authorities to erect such a bridge, as is required by law; and that there is no public road on either side pf the river to the place where it is contemplated that the bridge shall be erected. The petition also alleged that the county authorities had grossly abused their discretion in the selection of the place where the bridge was to be built. The answer of the defendants admitted that no direct provision had as yet been made for defraying the expenses of building the bridge; but averred that, so soon as the cost of its erection could be ascertained, a tax would be levied to cover that amount. It was also admitted that no permission had been obtained from the United States authorities to build the bridge, and that at the point where the bridge was to be built there was no road on either side of the river, though it was averred that the parties owning the land in the vicinity through which it was proposed to build a road to the new bridge had declared their willingness to donate the land necessary for the road without any cost to the county. The defendants denied that they had abused their discretion, and claimed in their answer that no court had any power to control their discretion in the matter. Th'e judge of the court below seems to have passed upon the case entirely from an inspection of the pleadings, as no evidence for either side was brought up with the record. The bill of exceptions recites that “defendants requested the court to frame the injunction so as to enjoin them only until such time as they could get the consent and approval of the secretary of war for the United States and the chief of engineers thereof for the building of said bridge;” that
We do not lose sight of the request contained in the brief of counsel for the plaintiffs in error that this court decide “ what we have to do to be enabled to build this bridge; ” but, consistently with our uniform practice, we must decline to pass on any question not legally presented for our decision.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.