Mayor of Montezuma v. Minor
Supreme Court of Georgia
Municipal Corporations. Judge. Montezuma. Nuisance. Evidence. Compromise. -Jurisdiction. Mills. Before Judge Fort. Macon Superior Court.
Read the full summary
Municipal Corporations. Judge. Montezuma. Nuisance. Evidence. Compromise. -Jurisdiction. Mills. Before Judge Fort. Macon Superior Court. December Term, 1883. To the report contained in the decision it is only necessary to add the following: From a judgment of the Mayor, etc., of Montezuma,' declaring a mill-pond to be a nuisance and ordering it abated, Minor, surviving partner of Drumright & Minor, and the executors of the deceased partner, sued out a certiorari, alleging, in brief, the following errors: (1.) That the judgment was contrary to law'. (2.) Because the Mayor, etc., erred in…
1Opinion of the Court
Branham, Judge.
This.is a proceeding under the charter of Montezuma (Acts 1871, p. 123) to abate a mill-pond within the limits of the town, on the ground that it is a public nuisance, injurious to the health of that community. The evidence, on the trial of the case, was conflicting. The mayor and council adjudged the pond to be a nuisance, and ordered it abated. The defendants eertioraried the case ; the superior court sustained the certiorari, and ordered a new trial, and the plaintiff in error excepted.
1. After the decision of the equity cause by this court between these parties (70 Ga.,…
2Cases cited2 opinions
- Mayor of Macon v. HuffSupreme Court of Georgia · 1878
- Mayor of Montezuma v. MinorSupreme Court of Georgia · 1883
3Cited by5 opinions
- City of Valdosta v. SingletonSupreme Court of Georgia · 1944
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Fidelity & Deposit Co. v. Exchange BankSupreme Court of Georgia · 1897
- Malcolm v. DobbsSupreme Court of Georgia · 1907
- United Waste, Ltd. v. Fulton CountyCourt of Appeals of Georgia · 1987