Legal Opinion

City of Fitzgerald v. Witchard

Supreme Court of Georgia

Decided April 16, 1908PublishedCited by 9 opinions

Equitable petition. Before Judge Whipple. Ben Hill superior court. May 21, 1907. S. M. Witchard, S. G. Pryor, and H. A. Buckhart, alleging themselves to be citizens and taxpayers of the City of Fitzgerald, instituted suit against the City of Fitzgerald, and alleged: The price for a license to retail whisky within the City of Fitzgerald, Ga., for the jrear 1906, was $1,000 per annum, payable $500 January 1 and $500 July 1. On January 1, 1906, the City of Fitzgerald granted…

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Equitable petition. Before Judge Whipple. Ben Hill superior court. May 21, 1907. S. M. Witchard, S. G. Pryor, and H. A. Buckhart, alleging themselves to be citizens and taxpayers of the City of Fitzgerald, instituted suit against the City of Fitzgerald, and alleged: The price for a license to retail whisky within the City of Fitzgerald, Ga., for the jrear 1906, was $1,000 per annum, payable $500 January 1 and $500 July 1. On January 1, 1906, the City of Fitzgerald granted and issued to Wiley Williams, T. S. Glover, W. D. Barnett & Co., Gabe Lippman, E. T. James, Smith Brothers, and Joe Stump,…

1Opinion of the CourtAtkinson, J.

On the argument the point was made that even if, under the ruling in Mellon v. Moultrie, 114 Ga. 462 (40 S. E. 302), the licensee, after paying for the license, could not compel a return of the money upon revocation of the license by the municipal authorities, yet, inasmuch as the municipal authorities are ■ willing and desire to refund the money, and the plaintiffs have made their complaint in a court of equity, the case should be controlled by principles of equity, and the municipal authorities, in equity and good conscience, ought to refund the money, under the facts of this particular…

2Cases cited1 opinion

  1. Melton v. Mayor of MoultrieSupreme Court of Georgia · 1901

3Cited by9 opinions

  1. Lawrence v. WhiteSupreme Court of Georgia · 1909
  2. McCook v. LongSupreme Court of Georgia · 1942
  3. Peterson v. Town of GuernseyWyoming Supreme Court · 1919
  4. Tedder v. WalkerSupreme Court of Georgia · 1916
  5. Macon Railway & Light Co. v. Mayor of MaconSupreme Court of Georgia · 1911

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