Duke v. Mayor of Rome
Supreme Court of Georgia
Case, in Floyd Superior Court. Tried before Judge "Trippe, February Term, 1856. Daniel D. Duke brought an action on the case against the Mayor and Council of the City of Rome for the recovery of damages.
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Case, in Floyd Superior Court. Tried before Judge "Trippe, February Term, 1856. Daniel D. Duke brought an action on the case against the Mayor and Council of the City of Rome for the recovery of damages. It was alleged in the declaration, that the Mayor and Council of Rome were, in 1847, by the Legislature, constituted a body politic; that in 1854, they passed an ordinance prescribing the manner in which any person desiring to sell spirituous liquors should make application for and obtain license ; that plaintiff made application for license in the manner and form prescribed, which was…
1Opinion of the Court
*636 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Can an action in any form be maintained against a municipal corporation for an error in judgment, only when, exercising judicial functions, and where no corruption or malice is imputed ?
We think not. Just as well, upon principle, sue this or any other Court. And it is a fallacy to suppose that there is no distinction between towns and private corporations. The former are local governments, clothed with legislative, executive and judicial functions. They are imperium in imperio, and their energies should not be paralyzed while they are…
2Cited by13 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Elrod v. City of Daytona BeachSupreme Court of Florida · 1938
- Sokolic v. RyanDistrict Court, S.D. Georgia · 1969
- City of Thomson v. DavisCourt of Appeals of Georgia · 1955
- Lenzen v. City of New BraunfelsCourt of Appeals of Texas · 1896
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