Legal Opinion

Haney v. Commissioners of Bartow County

Supreme Court of Georgia

Decided July 17, 1893PublishedCited by 20 opinions

Before Judge Milner. Bartow county. May 20,1893.. Petition for the writ of prohibition commanding the county commissioners to desist from all action looking to the working of the public roads under the statute discussed in the decision, which states the grounds on which the act was alleged to be unconstitutional. The writ was refused, and petitioners excepted.

1Opinion of the Court

Lumpkin, Justice.

This case involves the constitutionality of the act approved October 21, 1891 (Acts of 1890-91, vol. 1, p. 135), known as the “general road law.” We will briefly deal with the several objection's to this act in the order in which they were presented to us.

It was insisted that, viewed as a special or local law, this act must fall, first, because there was at the time of its passage a general law on the same subject already in existence and embodied in the code from section 597 to section 666, both inclusive; and secondly, because it was passed without local publication, as…

2Cases cited3 opinions

  1. Crabb v. StateSupreme Court of Georgia · 1892
  2. Lorentz v. Rittler v. AlexanderSupreme Court of Georgia · 1891
  3. Columbus Southern Railway Co. v. WrightSupreme Court of Georgia · 1892

3Cited by20 opinions

  1. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  2. Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
  3. Mayes v. DanielSupreme Court of Georgia · 1938
  4. Elwell v. ComstockSupreme Court of Minnesota · 1906
  5. Holcombe v. Georgia Milk Producers ConfederationSupreme Court of Georgia · 1939

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