Legal Opinion

Bishop & Parsons v. Mayor of Macon

Supreme Court of Georgia

Decided August 15, 1849No. 39PublishedCited by 15 opinions

Motion for new trial. Bibb Superior Court. Heard before Judge Floyd, January Term, 1849. This was an action on the case, brought by the plaintiffs in error against the defendants in error, for the recovery of $1,378 14. The declaration sets forth, that on the 20th day of August, 1844, the plaintiffs were in possession of divers goods, wares and merchandize, tools and other implements used in the tinware manufacture, of the value of $1,378 14; that on the day and year…

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Motion for new trial. Bibb Superior Court. Heard before Judge Floyd, January Term, 1849. This was an action on the case, brought by the plaintiffs in error against the defendants in error, for the recovery of $1,378 14. The declaration sets forth, that on the 20th day of August, 1844, the plaintiffs were in possession of divers goods, wares and merchandize, tools and other implements used in the tinware manufacture, of the value of $1,378 14; that on the day and year aforesaid, a fire broke out in the city of Macon, in a tenement in the vicinity of the one occupied by the plaintiffs, but that…

1Opinion of the Court

By the Court. —

Lumpkin, J.

delivering the opinion.

I shall not undertake to discuss the many grave questions which naturally arise upon this record. I shall assume, however,

[1.] 1st; That it is now well settled, that in a case of actual necessity, to prevent the spreading of a fire, the ravages of a pestilence, the advance of a hostile army, or any other great public calamity, the private property of an, individual may be lawfully taken, and used or destroyed for th'e relief, protection or safety of the many. And in all such cases — while the agents of the public who officiate are protected…

2Cases cited1 opinion

  1. Mayor of New York v. LordNew York Supreme Court · 1837

3Cited by15 opinions

  1. Tallent v. McKelveyCourt of Appeals of Georgia · 1962
  2. Powers v. PateCourt of Appeals of Georgia · 1962
  3. Mills v. MoseleyCourt of Appeals of Georgia · 1935
  4. Travelers Excess and Surplus Lines Co. v. City of AtlantaCourt of Appeals of Georgia · 2009
  5. Pruden v. LoveSupreme Court of Georgia · 1881

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