ATLANTIC COAST LINE R. CO. v. LAYNE

34609.

88 Ga. App. 674 (1953)

77 S.E.2d 565

ATLANTIC COAST LINE RAILROAD COMPANY et al. v. LAYNE.

Court of Appeals of Georgia.

Rehearing Denied July 30, 1953.


Attorney(s) appearing for the Case

Marshall, Greene, Baird & Neely, B. Hugh Burgess, for plaintiffs in error.

James R. Venable, John L. Respess, Jr., Hubert C. Morgan, contra.


GARDNER, P. J.

1. We shall first deal with the exceptions pendente lite to the judgment overruling the demurrers of the defendants. Under the amendment to the petition, after the remittitur was made the judgment of the court below, we are of the opinion that the petition set out a cause of action. See division 1 of the court's opinion when the case was here before, and particularly this excerpt from that opinion: "The intention to dedicate need not be shown by an...

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