Best v. Georgia Power Company

224 Ga. 669 (1968) 164 S.E.2d 125

BEST
v.
GEORGIA POWER COMPANY.

24778.

Supreme Court of Georgia.

Submitted September 9, 1968. Decided October 10, 1968.

Neville & Neville, G. Leonard Liggin, for appellant.

Jones, Cork, Miller, & Benton, Wallace Miller, Jr., Colbert Hawkins, for appellee.

DUCKWORTH, Chief Justice.

The petition showing that at the time this action for legal and equitable relief was filed in the lower court, a petition to condemn the property in rem had already been filed, the defendant therein could not decline to litigate and seek to bring a separate action such as here. Code Ann. § 81A-113 (Ga. L. 1966, pp. 609, 625); Johnson v. Fulton County, 216 Ga. 498 (117 SE2d 155); Fulton County v. Aronson, 216 Ga. 497 (117 SE2d 166); Golfland, Inc. v. Thomas, 218 Ga. 747 (130 SE2d 591). Accordingly, the court did not err in dismissing the action.

Judgment affirmed. All the Justices concur.