Oliver v. City of Elberton
Supreme Court of Georgia
Validation of bonds. Before Judge Holden. Elbert superior court. July 17, 1905. An election was held in the City of Elberton on June 5, 1905, for the purpose of determining whether or not bonds should be issued to the amount of $20,000 for the purpose of building and equipping a sewer system, and resulted in favor of their issuance.
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Validation of bonds. Before Judge Holden. Elbert superior court. July 17, 1905. An election was held in the City of Elberton on June 5, 1905, for the purpose of determining whether or not bonds should be issued to the amount of $20,000 for the purpose of building and equipping a sewer system, and resulted in favor of their issuance. Notice was given to the solicitor-general of the circuit, and on June 19 he filed a petition to have a judgment entered confirming and validating the bonds, under the act of 1897 (Acts 1897, p. 82). A rule was issued by the presiding judge, setting the hearing for…
1Opinion of the CourtLuMPKIN, J.
(After stating the facts.) 1. Two points are made in this case. First it is argued, that, inasmuch as the notice of the time and place set for the hearing of the petition to validate the bonds had been published only once, instead of twice as required by law (Acts of 1897, p. 82, sec. 6), when the time arrived, the court was without jurisdiction and could not continue the hearing or require proper publication to be made, but the entire proceedings went for naught. This point is controlled in principle by the decision in Wimberly v. County of Twiggs, 116 Ga. 50, 51, where it is said:…
2Cases cited7 opinions
- Epping v. City of ColumbusSupreme Court of Georgia · 1903
- Allen v. Mutual Loan & Banking Co.Supreme Court of Georgia · 1890
- Wilkins v. City of WaynesboroSupreme Court of Georgia · 1902
- Wimberly v. County of TwiggsSupreme Court of Georgia · 1902
- Lassiter v. CarrollSupreme Court of Georgia · 1891
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3Cited by7 opinions
- Thompson v. Municipal Electric AuthoritySupreme Court of Georgia · 1976
- Sewell v. City of TallapoosaSupreme Court of Georgia · 1916
- Spencer v. City of ColumbusSupreme Court of Georgia · 1920
- State v. City of SarasotaSupreme Court of Florida · 1944
- Thomas v. City of BlakelySupreme Court of Georgia · 1914
2 more not listed; retrieve them via the Exa API.