City of Summerville v. Georgia Power Company

Candler, Justice.

The exception here is to a judgment sustaining a general demurrer to a petition seeking declaratory relief. The petition alleges that on June 13, 1924, the City Council of Summerville purportedly, but illegally, granted to Georgia Railway & Power Company, defendant’s .predecessor, permission to occupy and use the streets and public places of the City of Summerville for the purpose of erecting and maintaining an electric distribution system therein. The claimed franchise was from the beginning, and is now, illegal'and void because the council granted it without first complying…