Mayor of Gainesville v. Dean
Supreme Court of Georgia
Injunction. Before Judge Kimsey. Hall superior court. August 30, 1905. H. H. Dean brought a petition for injunction against the Mayor and Council of the City of Gainesville, and alleged: During the year 1902 the city issued bonds to the amount of $10,000, for the purpose of improving its streets, and macadamized a portion of Main and Green streets.
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Injunction. Before Judge Kimsey. Hall superior court. August 30, 1905. H. H. Dean brought a petition for injunction against the Mayor and Council of the City of Gainesville, and alleged: During the year 1902 the city issued bonds to the amount of $10,000, for the purpose of improving its streets, and macadamized a portion of Main and Green streets. All of this work was done by August 1, 1903. On September 10, 1904, petitioner bought a certain lot of land, fronting on Green street, where this paving had been done, .and on November 19, 1904, he bought a lot fronting on Main street, where the…
1Opinion of the CourtCobb, P. J.
The first question to be determined by us in the. ■consideration of this case is whether the demurrer to the petition, upon the ground that the petitioner had an adequate remedy at. law, was well taken. The act amending the charter of the City of Gainesville, approved December 12, 1892 (Acts 1892, p. 172), provides that when an execution has been issued against a property ■owner for work done on the street or sidewalk abutting upon his property, he shall have the right “to file an affidavit denying that h.e owes the whole or some part thereof of the sum for which the *752execution issued/’ and…
2Cases cited3 opinions
- Hanesley v. BagleySupreme Court of Georgia · 1899
- Waters v. LewisSupreme Court of Georgia · 1899
- Rice v. Mayor of MaconSupreme Court of Georgia · 1903
3Cited by15 opinions
- Sanders v. MayorSupreme Court of Georgia · 1914
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- City of Camilla v. CochranSupreme Court of Georgia · 1925
- Board of Drainage Commissioners of New River Drainage District v. ArnoldSupreme Court of Georgia · 1923
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
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