Opinion
24778.
SUBMITTED SEPTEMBER 9, 1968.
DECIDED OCTOBER 10, 1968.
Injunction. Screven Superior Court. Before Judge Usher.
Neville Neville, G. Leonard Liggin, for appellant.
Jones, Cork, Miller, Benton, Wallace Miller, Jr., Colbert Hawkins, for appellee.
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 S.E.2d 155); Fulton County v. Aronson, 216 Ga. 497 ( 117 S.E.2d 166); Golfland, Inc. v. Thomas, 218 Ga. 747 ( 130 S.E.2d 591). Accordingly, the court did not err in dismissing the action.
Judgment affirmed. All the Justices concur.