GARNER v. MAYOR &c. OF ATHENS

17031.

206 Ga. 815 (1950)

58 S.E.2d 844

GARNER et al v. MAYOR &c. OF ATHENS et al.

Supreme Court of Georgia.

April 11, 1950.


Attorney(s) appearing for the Case

Eugene A. Epting and John E. Griffin, for plaintiffs.

Robert G. Stephens Jr., and Thomas H. Milner Jr., for defendants.


HEAD, Justice.

If a public street or road is shown by the evidence to presently exist along the way or route which the city proposes to grade as a public street, the court did not err in denying the interlocutory injunction. If a street or road does not presently exist along the route proposed to be graded by the city, the city would have no right to grade a street or road along the route, without first acquiring title or...

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