City of Rome v. Reese
Court of Appeals of Georgia
Complaint; from city court of Floyd county—Judge Nunnally. May 26, 1916. Eeese was elected, on the first Monday in April, 1914, by the mayor and council of the City of Eome, as tax-receiver for the term of two years. The General Assembly, by an act approved August 4, 1914, provided for that city, a commission form of government, to consist of five commissioners.
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Complaint; from city court of Floyd county—Judge Nunnally. May 26, 1916. Eeese was elected, on the first Monday in April, 1914, by the mayor and council of the City of Eome, as tax-receiver for the term of two years. The General Assembly, by an act approved August 4, 1914, provided for that city, a commission form of government, to consist of five commissioners. Acts of 1914, p. 1140. ■ When these commissioners assumed the duties of their office on the first Monday in April, 1915, Eeese had served one year of his term of office as tax-receiver. The day after the commissioners went into office…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) 1. Prom the above it will appear that the minutes of the commission did not conform to the statutory requirements laid down by the General Assembly. The legislature has seen fit to declare, in express terms, how any municipal action by this commission shall be taken, and to provide that the minutes must show a compliance with the requirements thus laid down. If such legislation be mandatory, any action on their part, not in substantial accordance therewith, is null and void. 28 Cyc. 333. To abolish an office or remove an incumbent, statutory requirements…
2Cases cited12 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- City of Logansport v. CrockettIndiana Supreme Court · 1878
- O'Neil v. TylerNorth Dakota Supreme Court · 1892
- Moore v. City of ThomasvilleCourt of Appeals of Georgia · 1915
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3Cited by6 opinions
- Humboldt Livestock Auction, Inc. v. B & H CATTLE CO.Supreme Court of Iowa · 1967
- Allen v. WiseSupreme Court of Georgia · 1948
- Town of Madison, Inc. v. FordSupreme Court of Virginia · 1998
- City Council of Augusta v. KingCourt of Appeals of Georgia · 1936
- Bruder v. Board of EducationSupreme Court of Minnesota · 1929
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