Barham v. Weems

• Decision Date: 21 December 1907
• Citation: 129 Ga. 704,59 S.E. 803
• Parties: BARHAM et al. v. WEEMS et al.
• Court: Georgia Supreme Court

59 S.E. 803

129 Ga. 704

BARHAM et al.

v.WEEMS et al.

Supreme Court of Georgia.

Dec 21, 1907.

1. Highways — Establishment — Statutes-Repeal—Alternative Road Law.

"The alternative road law contained in the Political Code, when duly adopted for a county, only repeals therein so much of the old road law as is inconsistent with it. Section 520 of the Political Code of 1895, is not inconsistent with such alternative road law, and must be complied with before a new public road can be lawfully established in a county wherein such alternative road law is operative." Howell v. Commissioners of Chattooga County, 118 Ga. 635, 45 S. E. 241. It follows that, when a new public road has been established in accordance with section 520 of the Political Code of 1895, such procedure is not objectionable, whether or not the alternative road law has been adopted in the county where it lies.

2. Same—Evidence.

The evidence was sufficient to sustain the judgment of the ordinary, and there was no error in overruling the certiorari.

804:

3. Writ of Error—Questions Not Made at Trial—Review.

Questions argued in the brief of counsel for plaintiff in error as grounds of reversal, but not appearing to have been made or passed on in the court below, will not be decided.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 1018.]

(Syllabus by the Court.)

Error from Superior Court, Henry County; E. J. Reagan, Judge.

Action between George Barham and others and J. H. Weems and others. From a judgment in favor of the latter, the former bring error. Affirmed.

Brown & Brown, for plaintiffs in error.

G. W. Bryan, for defendants in error.

LUMPKIN, J. Judgment affirmed. All the Justices concur, except HOLDEN, J., not presiding.