Macon & Augusta Railroad v. Little
Supreme Court of Georgia
Constitutional Law. Reconstruction complete. Expiration of Provisional Government. Relief Act of 1870. Obligations of contracts. Tax-affidavit. Tried before Judge Andrews. Hancock Superior Court.
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Constitutional Law. Reconstruction complete. Expiration of Provisional Government. Relief Act of 1870. Obligations of contracts. Tax-affidavit. Tried before Judge Andrews. Hancock Superior Court. October Term, 1871. The first of these cases was an action of assumpsit by the Macon and Augusta Railroad Company against Frank L. Little, as executor upon the estate of T. H. Andas, deceased, for a subscription to the capital stock of said company, made by said Andas when in life, at some time prior to June 1st, 1865, the date not appearing upon the record. When said cause was called for trial, a…
1Opinion of the Court
Montgomery, Judge.
In these cases the Act of October 13th, 1870, commonly known as the Relief Act, is attacked, mainly on two grounds: 1st. It is said to be invalid because the session of the Legislature at which it was passed was not a session of the General Assembly, after the second under the Constitution, and that, at the time of the passage of the Act, that Legislature had been in session more than forty days without having prolonged the session by a vote of two-thirds of each House. 2d. That the Act impaired the obligation of all contracts made prior to June 1865, and is, therefore,…
2Cases cited2 opinions
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3Cited by15 opinions
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- Smith v. City Council of AugustaSupreme Court of Georgia · 1948
- City of Cochran v. LanfairSupreme Court of Georgia · 1913
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