Legal Opinion

Cutsinger v. City of Atlanta

Supreme Court of Georgia

Decided October 3, 1914PublishedCited by 52 opinions

Equitable petition. Before Judge Pendleton. Fulton superior court. June 10, 1913. Helen Cutsinger, who alleged that she was a citizen of the United States, and of Fulton County, Georgia, filed her petition against the City of Atlanta, the chief of police of that city, the recorder, the mayor, -aldermen, and members of council, alleging in substance as follows: On and prior to October 7, 1912, the City of Atlanta had permitted a rooming house or lodging house to be conducted…

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Equitable petition. Before Judge Pendleton. Fulton superior court. June 10, 1913. Helen Cutsinger, who alleged that she was a citizen of the United States, and of Fulton County, Georgia, filed her petition against the City of Atlanta, the chief of police of that city, the recorder, the mayor, -aldermen, and members of council, alleging in substance as follows: On and prior to October 7, 1912, the City of Atlanta had permitted a rooming house or lodging house to be conducted at number 115y2 Decatur street. Being physically unable, at that time, to conduct it herself, she employed one Harding…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.) -

1. The police power to grant licenses by which one person can conduct a certain business and another can not, or by which a business may be conducted at a certain place and not at another, necessarily involves some discrimination for the public welfare. Such licenses have been broadly grouped into four classes: (1) *564Where promiscuous or indiscriminate freedom to act will disturb public order or interfere with the common use of public places. A type of this class is in regard to permitting the use of the public streets for parades or processions, which may…

2Cases cited23 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Munn v. IllinoisSupreme Court of the United States · 1877
  3. Matter of Application of JacobsNew York Court of Appeals · 1885
  4. Gundling v. ChicagoSupreme Court of the United States · 1900
  5. Reetz v. MichiganSupreme Court of the United States · 1903

18 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Schlesinger v. City of AtlantaSupreme Court of Georgia · 1925
  2. Chaires v. City of AtlantaSupreme Court of Georgia · 1927
  3. Underwood v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1962
  4. Carey v. City of AtlantaSupreme Court of Georgia · 1915
  5. Savage v. District of ColumbiaDistrict of Columbia Court of Appeals · 1947

47 more not listed; retrieve them via the Exa API.

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