Gould & Co. v. City of Atlanta
Supreme Court of Georgia
Municipal corporations. Torts. Tax. Pleadings. Before Judge IIillyer. Fulton Superior Court. October Term, 1877. ' Gould & Company brought case against the city of Atlanta for $5,000.00, alleging, in substance, as follows: On January 21st, 1876, the defendant, by its officers the mayor and general council, contrary to law and with the wilful and malicious intent to so oppress and annoy petitioners (who had previous to that time shipped a large stock of merchandise of the…
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Municipal corporations. Torts. Tax. Pleadings. Before Judge IIillyer. Fulton Superior Court. October Term, 1877. ' Gould & Company brought case against the city of Atlanta for $5,000.00, alleging, in substance, as follows: On January 21st, 1876, the defendant, by its officers the mayor and general council, contrary to law and with the wilful and malicious intent to so oppress and annoy petitioners (who had previous to that time shipped a large stock of merchandise of the value of $40,00.00, to the city of Atlanta, and had rented a store for the purpose of selling the same) so that they would…
1Opinion of the Court
Bleckley, Judge.
1. The demurrer admits the facts as alleged in the declaration. If they are true, a great wrong was perpetrated upon the plaintiffs, and the wrong was wilful and malicious — the *167intent was to injure, and the injury was accomplished. It is a mistake to suppose that a city belongs to the inhabitants alone. Trade is broad, and will not brook limitation at the will of those who may happen to bear municipal sway. Commerce in Atlanta is not a close corporation — it is not confined to the elect. Whoever comes to trade, may trade on the very same conditions as attach to those who…
2Cases cited3 opinions
- T. Gould & Co. v. Mayor of AtlantaSupreme Court of Georgia · 1876
- Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
- Duke v. Mayor of RomeSupreme Court of Georgia · 1856
3Cited by6 opinions
- Central of Georgia Railway Co. v. PerkersonSupreme Court of Georgia · 1901
- City of Thomson v. DavisCourt of Appeals of Georgia · 1955
- Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
- Atkinson & Clark v. LanierSupreme Court of Georgia · 1882
- Plymouth Record Corp. v. Books, Inc.Court of Appeals of Georgia · 1955
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