Wells v. Mayor of Atlanta
Supreme Court of Georgia
Corporations. Ultra Vires. Construction of Acts. Practice of Supreme Court. Before Judge Hopkins. Fulton county. Chambers.
Read the full summary
Corporations. Ultra Vires. Construction of Acts. Practice of Supreme Court. Before Judge Hopkins. Fulton county. Chambers. December, 1870. Wells and others averred in their bill that on the 23d of September, 1870, the General Assembly passed “an Act to authorize the Mayor and Council of the city of Atlanta to provide for the introduction of water-works in said city and for other purposes” and set out parts of said Act, by which it appeared that a debt could be created and that taxation was permitted to raise funds for its payment, etc.; that it provided for the election of a board of Water…
1Opinion of the Court
McCay, Judge.
1. That the municipal corporation known as the city of Atlanta had authority, under its charter, even before the Act of 1870 was passed, to provide for the introduction of water in the city, and therefore to make contracts for the purpose, seems very clear. This Court has, in effect, so held in the case of Mayor and Council of Rome vs. Cabut, 28 Georgia Reports, 50. The real point in dispute is, which of the city’s agents, the Mayor and Council or the Water Board, was, by law, clothed with the right to exercise this chartered power of the corporation in December, 1870? Before the…
2Cited by32 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Mayor of Macon v. HughesSupreme Court of Georgia · 1900
- SONS OF CONFEDERATE VETERANS v. HENRY COUNTY BOARD OF COMMISSIONERS (Two Cases)Supreme Court of Georgia · 2022
- Department of Transportation v. BrooksSupreme Court of Georgia · 1985
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
27 more not listed; retrieve them via the Exa API.