explaining that the power of eminent domain can be exercised only for a valid public purpose
How later courts described this case
- explaining that the power of eminent domain can be exercised only for a valid public purpose
- “courts have the ultimate power and duty to determine . . . whether . . . [condemnation in any given case] is in fact for [a] public or a private use” [emphasis added]
Written by the judges who cited it.
The opinion
*31
Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been séen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is'no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be, and the same is hereby affirmed.
Whitfield, P. J., and Terrell and Buford, J. J., concur.