Supreme Court of Georgia, 1905

City of Elberton v. Hobbs

Supreme Court of Georgia · Decided January 28, 1905 · Fish

121 Ga. 750; 49 S.E. 780; 1905 Ga. LEXIS 61

Cases that cite this one

9 later published cases cite this decision.

Woodside v. City of Atlanta (Ga. 1958)
City of Marietta v. Summerour (Ga. 2017)
City of Marietta v. Summerour (Ga. 2017)
WHITE Et Al. v. THE RINGGOLD TELEPHONE COMPANY (Ga. Ct. App. 2015)
Pyle v. Gilbert (Ga. 1980)
Miller v. State Highway Department (Ga. 1946)
Barber v. Housing Authority of Rome (Ga. 1939)
Piedmont Cotton Mills v. Georgia Railway & Electric Co. (Ga. 1908)
Bridwell v. Gate City Terminal Co. (Ga. 1907)

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

Fish, P. J.

1. Failure to secure the property by contract, by reason of the inability of the parties to agree .upon the compensation to be paid therefor, is an essential prerequisite to the condemnation of private property for public uses. Civil Code, §§ 4658, 4659.

2. The grant of an interlocutory injunction was not erroneous.

Judgment affirmed.

All the Justices concur. Joseph iV. Worley, for plaintiff in error,

cited Civil Code, § 4686; Acts 1897, p. 34; Acts 1896, p. 151; Ga. R. 115/560; 98/103; 70/614; 77/338.

Dean & Hobbs, contra.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.