Town of Roswell v. Ezzard
Supreme Court of Georgia
Injunction. Before Judge Gober. Cobb superior court. November 16, 1906. By an act of the General Assembly, approved February 16, 1854 (Acts 1853-4, p. 265), the town of Boswell was incorporated. The territory included within the corporate limits embraced “an area of one mile in every direction from the Presbyterian Church in said village.” The town was described as being in the county of Cobb, both in the title and body of the act of incorporation.
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Injunction. Before Judge Gober. Cobb superior court. November 16, 1906. By an act of the General Assembly, approved February 16, 1854 (Acts 1853-4, p. 265), the town of Boswell was incorporated. The territory included within the corporate limits embraced “an area of one mile in every direction from the Presbyterian Church in said village.” The town was described as being in the county of Cobb, both in the title and body of the act of incorporation. By an act approved December 18, 1857 (Acts 1857, p. 36), the county of Milton was created and laid out from the territory theretofore embraced…
1Opinion of the CourtEvans, J.
(After stating the. foregoing facts.)
1. The primary point of difference between the litigants in this ■case is whether any part of Milton county is embraced within the limits of the town of Eoswell. The town contends that the small parcel of land included within the dotted lines in the northeast corner of the foregoing map lies in the county of Milton, and is embraced within its municipal limits. The defendant in error, *48■on the other hand, denies that any portion of Milton county is included within the corporate limits of the town. The basis of this dispute arises from a construction of the…
2Cases cited2 opinions
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Warren v. BrananSupreme Court of Georgia · 1900
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- Town of Maysville v. SmithSupreme Court of Georgia · 1909
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- Bergman v. DuttonSupreme Court of Georgia · 1948
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