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GEORGIA POWER COMPANY v. SELMAN

34316, 34317.

87 Ga. App. 323 (1952)

73 S.E.2d 597

GEORGIA POWER COMPANY v. SELMAN et al. GEORGIA POWER COMPANY v. THOMAS et al.

Court of Appeals of Georgia.

Decided December 5, 1952.

Attorney(s) appearing for the Case

Wright, Rogers, Magruder & Hoyt, for plaintiff in error.

S. W. Fariss, contra.

FELTON, J.

We think that the court was right in sustaining the motions to dismiss the affidavits of illegality. The provisions for affidavits of illegality are purely statutory and they cannot be employed unless the right is specifically given by statute. The Supreme Court of Georgia, in Fidelity & Casualty Co. v. Whitaker, 172 Ga. 663 (158 S. E. 416), and City of Atlanta v. Jacobs, 125 Ga. 523 (54 S. E. 534), held that the remedy of...

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