Supreme Court of Georgia September 15, 1879 (Allen v. Meyerhardt)

Bleckley, Justice.

The proceedings before the commissioners of roads and revenue were all under the 738th section of the Code. The section1 does not provide for a conditional order, but the ’ applicant having chosen to accept such, instead of standing upon his right to have an absolute order, he must comply with the condition before he can obtain the assistance of the sheriff.