Town of Climax v. Burnside
Supreme Court of Georgia
Mandamus, etc. Before Judge Worrill. Decatur superior court. September 27, 1919. Cameron Burnside brought an action against the Town of Climax, a municipal corporation of this State, to recover thirty dollars interest on one of a series of electric-light bonds issued by defendant on November 1, 1913, and attorney’s fees and expenses of litigation.
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Mandamus, etc. Before Judge Worrill. Decatur superior court. September 27, 1919. Cameron Burnside brought an action against the Town of Climax, a municipal corporation of this State, to recover thirty dollars interest on one of a series of electric-light bonds issued by defendant on November 1, 1913, and attorney’s fees and expenses of litigation. He prayed that defendant be compelled by mandamus to levy and collect taxes sufficient to pay the interest on the bond as it should accrue, and the principal at maturity. The defenses set .up in the answer were to the effect, that the validation of…
1Opinion of the CourtFish, C. J.
(After stating the foregoing'facts.)
1. In view of the evidence and the law applicable thereto, the verdict in favor of the plaintiff was demanded for principal and interest due on the coupon, and that mandamus proceedings be had against the defendant. If a municipal corporation, having-general authority to issue bonds for specified purposes, puts forth a negotiable municipal bond issued for such lawful purpose, and therein recites, through its duly authorized proper officials, whose province and duty it is to ascertain and peculiarly to know the facts, compliance with the specific provisions…
2Cases cited4 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Town of Wadley v. LancasterSupreme Court of Georgia · 1905
- Moseley v. RamboSupreme Court of Georgia · 1899
- Pferdmenges, Preyer & Co. v. Butler, Stevens & Co.Supreme Court of Georgia · 1903
3Cited by9 opinions
- Schafer Baking Co. v. GreenbergCourt of Appeals of Georgia · 1935
- Citizens Bank v. Rockdale CountySupreme Court of Georgia · 1922
- Stelling v. Richmond CountyCourt of Appeals of Georgia · 1950
- Chance v. Commercial Credit Co.Court of Appeals of Georgia · 1923
- Citizens Bank v. Rockdale CountySupreme Court of Georgia · 1923
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