Brown v. City Of East Point

Citation148 Ga. 85,95 S.E. 962
Decision Date14 May 1918
Docket Number(No. 681.)
PartiesBROWN et al. v. CITY OF EAST POINT et al.
CourtSupreme Court of Georgia

(Syllabus by the Court.)

Error from Superior Court, Fulton County; Geo. L. Bell, Judge.

Action for injunction by M. S. Brown and others against the City of East Point and others. Judgment for defendants, refusing an interlocutory injunction, and plaintiffs bring error. Reversed.

J. W. & J. D. Humphries and Walter Mc-Elreath, all of Atlanta, for plaintiffs in error.

Guy Parker, of Atlanta, for defendants in error.

GEORGE, J. Judgment reversed. All the Justices concur, except FISH, C. J., absent on account of sickness.

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7 cases
  • Smith v. State
    • United States
    • Georgia Supreme Court
    • September 17, 1981
    ...Commissioners, 235 Ga. 309, 219 S.E.2d 380 (1975); Carroll v. DeKalb County, 216 Ga. 663, 119 S.E.2d 258 (1961); Brown v. City of East Point, 148 Ga. 85, 95 S.E. 962 (1918). Code Ann. § 85-410 provides: "if the owner of lands either expressly or by his acts, shall dedicate the same to publi......
  • City of Abbeville v. Jay ex rel. Syms
    • United States
    • Georgia Supreme Court
    • September 13, 1949
    ... ... the city were for or against the 'disposal or sale of 144 ... feet of land off of the east end of the city park for a ... consideration of not less than $3000, with a guaranteed ... the public for park purposes. In this connection, see ... Brown" v. City of East Point, 148 Ga. 85, 95 S.E ...          Judgment ... affirmed ...   \xC2" ... ...
  • State Highway Dept. v. Alexander
    • United States
    • Georgia Supreme Court
    • July 7, 1966
    ...the right to do so from the owner of the dominant fee, either by purchase or under the right of eminent domain.' Brown v. City of East Point, 148 Ga. 85(2), (4), 95 S.E. 962. See also, Donalson v. Georgia Power &c. Co., 175 Ga. 462(5), 165 S.E. 440 (one Justice dissenting); Dunlap v. Tift, ......
  • Department of Transp. v. Ladson Investments, 62007
    • United States
    • Georgia Court of Appeals
    • May 28, 1981
    ...an acceptance, either express or implied, of the use of the land by the public or public authorities. Code § 85-410; Brown v. City of East Point, 148 Ga. 85, 95 S.E. 962; Chatham Motorcycle Club v. Blount, 214 Ga. 770, 107 S.E.2d 806." Carroll v. DeKalb County, 216 Ga. 663, 666, 119 S.E.2d ......
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