Sanders v. Mayor
Supreme Court of Georgia
Petition for injunction. Before Judge Jones. Hall superior court. May 2, 1913. R. J. Sanders and several other persons instituted an action against the Mayor and Council of the City of Gainesville, to enjoin the enforcement of executions for certain amounts to cover alleged assessments against the several properties of the plaintiffs, abutting on Main Street, for pro rata portions of the cost of paving the street.
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Petition for injunction. Before Judge Jones. Hall superior court. May 2, 1913. R. J. Sanders and several other persons instituted an action against the Mayor and Council of the City of Gainesville, to enjoin the enforcement of executions for certain amounts to cover alleged assessments against the several properties of the plaintiffs, abutting on Main Street, for pro rata portions of the cost of paving the street. The street extended from the railroad station to the business center of the city, being about one half mile in length, and was the principal street over which traffic passed between…
1Opinion of the CourtAtkinson, J.
1. The point is made that the assessment is illegal because it was made to meet payments on the cost of the paving, which was incurred on an illegal contract. It appears that the city entered into a contract with a contractor to pave the street on condition that the payment for the work should be made in three instalments; one third payable on completion of the work, one third in twelve months from the date of the acceptance of the work, and one third in twenty-four months from that date. This contract is said to be illegal because in effect it amounts to the creation of a debt prohibited by…
2Cases cited5 opinions
- Renfroe v. City of AtlantaSupreme Court of Georgia · 1913
- Shippen Bros. Lumber Co. v. ElliottSupreme Court of Georgia · 1910
- Mayor of Gainesville v. DeanSupreme Court of Georgia · 1906
- Regenstein v. City of AtlantaSupreme Court of Georgia · 1896
- Schwiesau v. MahonCalifornia Supreme Court · 1895
3Cited by21 opinions
- Montgomery v. City of AtlantaSupreme Court of Georgia · 1926
- Almand v. PateSupreme Court of Georgia · 1915
- Mayor of Washington v. FaverSupreme Court of Georgia · 1923
- Flinn v. GillenSupreme Court of Missouri · 1928
- Hollingsworth v. Peoples BankSupreme Court of Georgia · 1934
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