King v. Banks
Supreme Court of Georgia
Constitutioual law. Municipal corporations. Quo warranto. Before Judge Rice. Hall Superior Court. September Term, 1878. This was a quo warranto at the relation of Banks et al. against King et al., on the ground that defendants were unlawfully assuming the rights and powers of a mayor and council of the town of Belton.
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Constitutioual law. Municipal corporations. Quo warranto. Before Judge Rice. Hall Superior Court. September Term, 1878. This was a quo warranto at the relation of Banks et al. against King et al., on the ground that defendants were unlawfully assuming the rights and powers of a mayor and council of the town of Belton. Defendants held their positions under an act of the legislature which incorporated both High Shoals and Belton (acts 1874, p. 155); their answer set up this act as authority. The court sustained a demurrer to the answer, and gave judgment against defendants ; whereupon they…
1Opinion of the Court
Jackson, Justice.
The single question made in this record is, whether the legislature had the constitutional power, under the constitution of 1868, to incorporate two towns in one act. The towns of High Shoals, near the corner of Oconee, Morgan and Walton, being one of them, and the other town being Belton, on the confines of Hall and Banks. This proceeding is against the municipal authorities of the latter place; the court below held the act unconstitutional; and the town council brings the ease here.
The constitution of 1868 contains these words : “Every bill, before it shall pass, shall be…
2Cases cited1 opinion
- Ex parte ConnerSupreme Court of Georgia · 1874
3Cited by8 opinions
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- Churchill v. WalkerSupreme Court of Georgia · 1882
- Baugh v. City of LaGrangeSupreme Court of Georgia · 1925
- Simms v. SawyersWest Virginia Supreme Court · 1919
- State v. WrightOregon Supreme Court · 1887
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