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CITY OF CARROLLTON v. WALKER

20585.

215 Ga. 505 (1959)

111 S.E.2d 79

CITY OF CARROLLTON et al. v. WALKER et al.

Supreme Court of Georgia.

Decided October 14, 1959.

Rehearing Denied November 4, 1959.

Attorney(s) appearing for the Case

Robt. D. Tisinger, Lamar Knight, Eugene Cook, Attorney General, Paul Miller, E. J. Summerour, Assistant Attorneys-General, for plaintiff in error.

Henry C. Head, Shirley C. Boykin, Wm. P. Johnson, W. H. Stanford, Jr., Gilbert & Head, contra.

HEAD, Justice.

1. "The allegations of a pleading are to be construed most strongly against the pleader, when attacked by demurrer." Lee v. City of Atlanta, 197 Ga. 518, 520 (29 S.E.2d 774); East Ga. Motor Club v. A.A.A. Finance Co., 212 Ga. 408, 410 (93 S.E.2d 337). Allegations of the petition to the effect that "the proposed taking of said property is not of public necessity...

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