Mayor of Arlington v. Calhoun
Supreme Court of Georgia
Mandamus. Before Judge Worrill. Early superior court. September 7, 1917. H. M. Calhoun and six other plaintiffs, as residents and taxpayers of the town of Arlington, brought their petition for mandamus in the superior court of Early county against “The Mayor and Council of the Town of Arlington,” the corporate name and style of the municipality, and against “B. M. Garrett, in his capacity as mayor of said municipal corporation, J. E. Martin, B. H. Askew Jr., Y. W. Fudge, G.…
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Mandamus. Before Judge Worrill. Early superior court. September 7, 1917. H. M. Calhoun and six other plaintiffs, as residents and taxpayers of the town of Arlington, brought their petition for mandamus in the superior court of Early county against “The Mayor and Council of the Town of Arlington,” the corporate name and style of the municipality, and against “B. M. Garrett, in his capacity as mayor of said municipal corporation, J. E. Martin, B. H. Askew Jr., Y. W. Fudge, G. M. Lofton, and B. C. Ray, in their capacity as councilmen and aldermen of said municipal corporation,” alleging, that…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that the court erred in overruling the plea to the jurisdiction in this case. Four of the aldermen of the town of Arlington were residents of Calhoun county; the mayor and one alderman had their residence in Early county. We recite these facts because they are given a place in the statement of facts agreed upon by counsel for both parties; but our ruling is not based upon the recited facts as to the residence of the officials referred to. In our opinion the controlling fact is the location of the council chambers, the office of the…
2Cases cited5 opinions
- St. Louis v. Ferry Co.Supreme Court of the United States · 1871
- Lofton v. CollinsSupreme Court of Georgia · 1903
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Maisch v. . City of New YorkNew York Court of Appeals · 1908
- Eldred v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
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- Robertson v. TempleSupreme Court of Georgia · 1950
- Willis v. City of CorbinCourt of Appeals of Kentucky · 1978
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