MacDonell v. Village of North Atlanta

Duckworth, Chief Justice.

North Atlanta, an incorporated village, sought to collect the costs of a business license from the plaintiff in error, and upon nonpayment thereof issued a fieri facias and levied on certain personal property belonging to him. The petitioner, who is the plaintiff in error, brought an equitable action against the municipality and the mayor and council, individually and in their official capacities, to enjoin the advertisement and sale of his property, alleging that the act of 1872 (Ga. L. 1872, pp. 16-23), under which the town was incorporated is unconstitutional and…