Mayor of Marietta v. Alexander
Supreme Court of Georgia
Municipal corporations. Certiorari. Practice. Before J udge G-ober. Cobb superior court. March term, 1890. The city marshal of Marietta made affidavit “ that Tom Alexander hath been guilty of a violation of the following special whisky section of city ordinance, secs. 77, 78 and 78a [quoting the sections in full]; said violation being within the corporate limits of said city, on the 25th day of December, 1889.” Upon this affi- ’ davit the mayor issued a warrant for the…
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Municipal corporations. Certiorari. Practice. Before J udge G-ober. Cobb superior court. March term, 1890. The city marshal of Marietta made affidavit “ that Tom Alexander hath been guilty of a violation of the following special whisky section of city ordinance, secs. 77, 78 and 78a [quoting the sections in full]; said violation being within the corporate limits of said city, on the 25th day of December, 1889.” Upon this affi- ’ davit the mayor issued a warrant for the arrest of Alexander, reciting that “ complaint upon oath has been made . . that Tom Alexander did violate the special whisky…
1Opinion of the Court
Simmons, Justice.
Alexander was tried and convicted before the Mayor and Council of Marietta for violating certain special whisky sections of the city ordinance. The affidavit on which the warrant was issued fails to state how and *456in what manner these sections were violated, but simply quotes the section of the ordinance. Alexander carried the case by certiorari to the superior court, where, upon a hearing by the judge of that court, the certiorari was sustained and a new trial ordered. To this ruling of the trial judge the mayor and council excepted, and brought the case here for review.…
2Cases cited4 opinions
- Cranston v. Mayor of AugustaSupreme Court of Georgia · 1878
- Mayor of Savannah v. CharltonSupreme Court of Georgia · 1867
- McGowan v. Savannah Mutual Loan Ass'nSupreme Court of Georgia · 1888
- Mayor of Rome v. LumpkinSupreme Court of Georgia · 1848
3Cited by2 opinions
- Mayor of Hawkinsville v. EthridgeSupreme Court of Georgia · 1895
- Mayor of Macon v. WoodSupreme Court of Georgia · 1899