Legal Opinion

Hamby & Toomer v. Georgia Iron & Coal Co.

Supreme Court of Georgia

Decided March 1, 1907PublishedCited by 30 opinions

Injunction. Before Judge Pendleton. Fulton superior court. June 12, 1906. The petition of the Georgia Iron & Coal Company against Hamby & Toomer, and Clement A. Evans, Joseph S. Turner, and Thomas Eason, the three last-named defendants composing the prison commission of the State of Georgia, alleged, in substance, as follows: On October 22, 1903, the State of Georgia, through the prison commission, entered into a contract with Hamby & Toomer, under the act of the ^General…

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Injunction. Before Judge Pendleton. Fulton superior court. June 12, 1906. The petition of the Georgia Iron & Coal Company against Hamby & Toomer, and Clement A. Evans, Joseph S. Turner, and Thomas Eason, the three last-named defendants composing the prison commission of the State of Georgia, alleged, in substance, as follows: On October 22, 1903, the State of Georgia, through the prison commission, entered into a contract with Hamby & Toomer, under the act of the ^General Assembly approved December 21, 1897, and the amendatory act approved August 17, 1903, by which contract the labor of 500…

1Opinion of the CourtAtkinson, J.

1.. The act of 1897 creating the prison commission authorized the hirer of convicts to sublet the convicts by and with the consent of the commission, provided there was no addir tional expense to the State. Acts of 1897, p. 76. This act was .amended by the act of 1903 (Acts of 1903, p. 66), which provides: '“No lessee of convicts as herein provided for shall sublease any of ■said convicts to any person other than such as shall be approved by .said commission, and only upon such terms as said commission shall prescribe.” This provision contains a negative pregnant, and really declares that a…

2Cases cited6 opinions

  1. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  2. Slater v. KimbroSupreme Court of Georgia · 1892
  3. Hudspeth v. HallSupreme Court of Georgia · 1901
  4. Insurance & Law Building Co. v. National BankSupreme Court of Missouri · 1879
  5. Southern Mining Co. v. LoweSupreme Court of Georgia · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
  2. Board of Regents of University System v. A. B. & E., Inc.Court of Appeals of Georgia · 1987
  3. Chalkley v. WardCourt of Appeals of Georgia · 1969
  4. Scruggs v. PurvisSupreme Court of Georgia · 1962
  5. LeCraw v. Atlanta Arts Alliance, Inc.Court of Appeals of Georgia · 1972

25 more not listed; retrieve them via the Exa API.

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