Legal Opinion

Lesterjelle v. Mayor of Columbus

Supreme Court of Georgia

Decided June 15, 1860PublishedCited by 3 opinions

Certiorari, in Muscogee Superior Court. Decision by Judge Workill, at May Term, 1860. The plaintiff in error was summoned to appear before the City Council of Columbus for a violation of the City Ordinances under the forty-fourth section. The plaintiff in error was fined the sum of ten dollars.

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Certiorari, in Muscogee Superior Court. Decision by Judge Workill, at May Term, 1860. The plaintiff in error was summoned to appear before the City Council of Columbus for a violation of the City Ordinances under the forty-fourth section. The plaintiff in error was fined the sum of ten dollars. The said Mayor fined said plaintiff in error under an Act of the Legislature passed in 1858, after the enactment of the said forty-fourth section by said Mayor and Council; and, therefore, said plaintiff in error filed his petition for certioi'ari, which was returned and argued before Judge Worrill at…

1Opinion of the Court

By the Court,

Lumpkin, J.,

delivering the opinion.

This case is covered and controlled by the decision made at this Term in the case of the Mayor and Council of Columbus against John D. Arnold. The ground being, that a party summoned to answer for an offense committed against one ordinance, cannot be proceeded against and punished by another and a different ordinance. And upon the further ground, that the offense, itself, was not charged with sufficient distinctness.

2Cited by3 opinions

  1. City of Neck City v. GriffithMissouri Court of Appeals · 1914
  2. City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
  3. Nobles v. Mayor & AldermenCourt of Appeals of Georgia · 1929

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