Draper v. City of Atlanta
Supreme Court of Georgia
Illegality. Before Judge Pendleton. ' Fulton superior court. November 4, 1905. A street-improvement fi. fa. in favor of the City of Atlanta was issued against Emma Draper, Jessie McKee, and Anna E Wright, as the owners of a certain house and lot in the city fronting on North Pryor street, to collect the sum of $472.25, the amount assessed against the property as their proportionate share of the expense of paving that street with asphalt in pursuance of an ordinance adopted…
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Illegality. Before Judge Pendleton. ' Fulton superior court. November 4, 1905. A street-improvement fi. fa. in favor of the City of Atlanta was issued against Emma Draper, Jessie McKee, and Anna E Wright, as the owners of a certain house and lot in the city fronting on North Pryor street, to collect the sum of $472.25, the amount assessed against the property as their proportionate share of the expense of paving that street with asphalt in pursuance of an ordinance adopted by the city council and approved by the mayor on November 7, 1903. To the levy of this fi. fa. H. L. McKee, as agent of…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. The City of Atlanta has power and authority to renew, by the use of any material that may be decided on, any pavement on its streets, whenever in the judgment of the mayor and general council the paving originally laid on a street or portion of a street is worn out to that extent that it is no longer useful as a good pavement. Acts of 1890-91, p. 229; Acts of 1897, p. 145; Regenstein v. City of Atlanta, 98 Ga. 167; Burckhardt v. City of Atlanta, 103 Ga. 302. In order for the city to exercise this authority it is necessary for the owners of at least •one half of…
2Cases cited3 opinions
- Hudspeth v. HallSupreme Court of Georgia · 1901
- Burckhardt v. City of AtlantaSupreme Court of Georgia · 1898
- Regenstein v. City of AtlantaSupreme Court of Georgia · 1896
3Cited by8 opinions
- Hall v. City of MaconSupreme Court of Georgia · 1918
- Avery & Sons Inc. v. City of AtlantaSupreme Court of Georgia · 1927
- Mayor of Montezuma v. BrownSupreme Court of Georgia · 1929
- Burns v. City of AtlantaSupreme Court of Georgia · 1918
- City of Marietta v. KileCourt of Appeals of Georgia · 1929
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