Legal Opinion

McDonald v. Town of Ludowici

Court of Appeals of Georgia

Decided January 21, 1916No. 7015PublishedCited by 8 opinions

Certiorari; from Liberty superior court — Judge Sheppard. October 14, 1915.

1Opinion of the CourtBboyles, J.

1. It will he presumed that a municipal ordinance is valid, and the burden of establishing its invalidity is on the person asserting it. Penal Code, § 1020 (1910); Moore v. Thomasville, ante, 285 (86 S. E. 641), and cases therein cited. In this case the presumption that the ordinance in question was a legal and valid one was not overcome by the evidence introduced. It is not even necessary, on a trial before the mayor or eoüneil of a city, to introduce the town ordinance under which the accused is being tried. The city officials can take judicial cognizance of all ordinances of their own…

2Cases cited3 opinions

  1. Athens v. City of AtlantaCourt of Appeals of Georgia · 1909
  2. Moore v. City of ThomasvilleCourt of Appeals of Georgia · 1915
  3. Meeks v. Guckenheimer & SonsSupreme Court of Georgia · 1897

3Cited by8 opinions

  1. Dodys v. StateCourt of Appeals of Georgia · 1945
  2. Anthony v. City of AtlantaCourt of Appeals of Georgia · 1941
  3. Hart v. ColumbusCourt of Appeals of Georgia · 1972
  4. Bell v. City of ValdostaCourt of Appeals of Georgia · 1933
  5. Jefferson v. City of PerryCourt of Appeals of Georgia · 1916

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