Legal Opinion

Mayor of Montezuma v. Minor

Supreme Court of Georgia

Decided October 2, 1884PublishedCited by 5 opinions

Municipal Corporations. Judge. Montezuma. Nuisance. Evidence. Compromise. -Jurisdiction. Mills. Before Judge Fort. Macon Superior Court.

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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

  1. Mayor of Macon v. HuffSupreme Court of Georgia · 1878
  2. Mayor of Montezuma v. MinorSupreme Court of Georgia · 1883

3Cited by5 opinions

  1. City of Valdosta v. SingletonSupreme Court of Georgia · 1944
  2. Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
  3. Fidelity & Deposit Co. v. Exchange BankSupreme Court of Georgia · 1897
  4. Malcolm v. DobbsSupreme Court of Georgia · 1907
  5. United Waste, Ltd. v. Fulton CountyCourt of Appeals of Georgia · 1987

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