Wood v. City of Rome
Court of Appeals of Georgia
Affidavit of illegality; from Floyd superior court—Judge Wright. February 4, 1919.
1Opinion of the CourtBboyles, P. J.
1. When the affidavit of illegality is construed as a whole, and most strongly (as it must be) against the pleader, the facts therein stated- show by clear implication that some amount must be due from the affiants to the City of Rome for the paving of the street uptfn which their property abutted; and, it not being alleged therein that^uch amount had "been paid or tendered, the affidavit of illegality was properly dismissed on the general demurrer interposed. See Ga. L. 1909, p. 1255, sec. 71 (ejf This is true although it is alleged in the affidavit that “no part of the sum for which said…
2Cases cited5 opinions
- Hardwick v. City of DaltonSupreme Court of Georgia · 1913
- Hawkins v. County of SumterSupreme Court of Georgia · 1876
- Burns v. City of AtlantaCourt of Appeals of Georgia · 1918
- Burns v. City of AtlantaSupreme Court of Georgia · 1918
- Leavel v. FreySupreme Court of Georgia · 1910
3Cited by8 opinions
- Peoples Credit Clothing Co. v. City of AtlantaSupreme Court of Georgia · 1931
- Clisby v. City of MacOnSupreme Court of Georgia · 1941
- Candler v. GilbertSupreme Court of Georgia · 1935
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Kiker v. HefnerSupreme Court of Georgia · 1968
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