Legal Opinion · Dissent

Aultman v. Hodge

Supreme Court of Georgia

Decided September 2, 1920No. Nos. 1641, 1642Published

Equitable petition. Before Judge Gower. Houston superior court. August 5, 1919. In December, 1916, certain citizens of Houston County filed with the ordinaries of Houston and Macon Counties a petition for a change of the county line between these counties, as prescribed in § 468 et seq. of the Political Code.

Read the full summary

Equitable petition. Before Judge Gower. Houston superior court. August 5, 1919. In December, 1916, certain citizens of Houston County filed with the ordinaries of Houston and Macon Counties a petition for a change of the county line between these counties, as prescribed in § 468 et seq. of the Political Code. At the April term, 1917, of the superior court of Houston County the matter was duly laid before the grand jury of that county, which presumably had before it, for consideration in determining whether the change of the county line should be approved, the petition, all maps, plats, and…

1Dissent

Fish, O. J.

I am constrained to dissent from the opinion of the majority of the court holding that the petition was not subject to general demurrer.

*377The Political Code (1910) of this State, providing for tbe change of county lines, declares, in § 468: “ Whenever a citizen or any number of citizens of any county shall desire to have the boundary line of the county of his or their residence changed, they shall file in the office of the ordinaries of the counties to be affected, at least ninety days before the first day of the next term of the superior court of the counties whose boundaries are to…

2Cases cited32 opinions

  1. Shutte v. ThompsonSupreme Court of the United States · 1873
  2. Caldwell v. BarrettSupreme Court of Georgia · 1884
  3. City of Atlanta v. HollidaySupreme Court of Georgia · 1895
  4. Brooks v. RooneySupreme Court of Georgia · 1852
  5. Creswill v. Grand Lodge Knights of PythiasSupreme Court of Georgia · 1910

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API