Mayor of Rome v. Cabot
Supreme Court of Georgia
In Equity, from Eloyd county. Decision by'Judge Hammond, at chambers. This was a bill filed by E. M. Cabot, John IT. Towers, and Cunningham M. Pennington, for and in behalf of themselves, and others, citizens of the city of Rome, and owners of real estate and tax-payers in said city, against the Mayor and Council of the said city, and Noble, Brothers & Co., to enjoin and restrain said Mayor and Council from consummating a contract with said Noble, Brothers & Co., for the…
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In Equity, from Eloyd county. Decision by'Judge Hammond, at chambers. This was a bill filed by E. M. Cabot, John IT. Towers, and Cunningham M. Pennington, for and in behalf of themselves, and others, citizens of the city of Rome, and owners of real estate and tax-payers in said city, against the Mayor and Council of the said city, and Noble, Brothers & Co., to enjoin and restrain said Mayor and Council from consummating a contract with said Noble, Brothers & Co., for the erection of water-works in the said city; or if said contract has been made, then, to annul and rescind the same, and to…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Ought the injunction in this case to have been dissolved"
The answer fully denies all the special equity set up in the bill, and the only question left to be decided is — did the Mayor and Council have authority to make the contract to construct water-works for the benefit of the city? "We do not doubt it.
By the §13 of the charter, the Mayor and members of the Council, have special power to make all contracts in their corporate capacity which they may deem necessary *52for the welfare of the city, which do not conflict with the constitution and laws…
2Cited by18 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
- City of Joseph v. Joseph Water Works Co.Oregon Supreme Court · 1910
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