Supreme Court of Georgia, 1968

Best v. Georgia Power Company

Best v. Georgia Power Company
Supreme Court of Georgia · Decided October 10, 1968 · Duckworth
164 S.E.2d 125; 224 Ga. 669; 1968 Ga. LEXIS 892 (South Eastern Reporter, Second Series)
Best v. Georgia Power Company

Cases that cite this one

11 later published cases cite this decision.

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Opinion

Duckworth, Chief Justice.

The petition showing that at the time this action for legal and equitable relief was filed in the lower court, a petition to condemn the property in rem had already been filed, the defendant therein could not decline to litigate and seek to bring a separate action such as here. Code Ann. § 81A-113 (Ga. L. 1966, pp. 609, 625); Johnson v. Fulton County, 216 Ga. 498 (117 SE2d 155); Fulton County v. Aronson, 216 Ga. 497 (117 SE2d 166); Golfland, Inc. v. Thomas, 218 Ga. 747 (130 SE2d 591). Accordingly, the court did not err in dismissing the action.

Judgment affirmed.

All the Justices concur.

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