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LINDER v. PONDER

18171.

209 Ga. 746 (1953)

75 S.E.2d 814

LINDER v. PONDER et al.

Supreme Court of Georgia.

Decided May 12, 1953.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Lamar Sizemore, Assistant Attorney-General and M. H. Blackshear Jr., for plaintiff in error.

Custer & Kirbo and Charles H. Kirbo, contra.

DUCKWORTH, Chief Justice.

That the State of Georgia can not be sued without its consent is not an open question. Roberts v. Barwick, 187 Ga. 691 (1 S.E.2d 713). Therefore, despite extended debate of counsel on this subject, we dispose of it with the simple statement that no attempt is here made to sue the State. However, the relief sought against Tom Linder is to prevent him from dealing with land which the petition shows belongs to the State. This petitioners...

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