Littlefield v. Town of Adel
Supreme Court of Georgia
Injunction. Before Judge Dickerson. Cook superior court. July 26, 1920. Littlefield brought a suit for damages agaipst the Town of Adel, and procured judgment. Upon refusal of the town officials to make payment of the amount of the execution, he obtained mandamus absolute, and upon their refusal to comply therewith the defendants were adjudged in contempt.
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Injunction. Before Judge Dickerson. Cook superior court. July 26, 1920. Littlefield brought a suit for damages agaipst the Town of Adel, and procured judgment. Upon refusal of the town officials to make payment of the amount of the execution, he obtained mandamus absolute, and upon their refusal to comply therewith the defendants were adjudged in contempt. They brought the contempt case to this court' and while it was pending here an election was held and the defendants who had been adjudged in contempt were succeeded by other officials. This court affirmed the judgment of the court below.…
1Opinion of the CourtGilbert, J.
A mandamus absolute was directed against the Town of Adel. The obligation imposed by such judgment de*687volved upon no particular set of municipal officers, but is perpetual against tbe persons then holding the offices and their successors in office. The proceeding is really against the township, whether or not the names of any particular officers are mentioned. The resignation of any officer, or all of the officers, during the pendency of the proceeding for mandamus would not involve an abatement of the suit. 'If it were otherwise, “ we would always have the unseemly spectacle of constant…
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