City of Atlanta v. Holliday
Supreme Court of Georgia
Injunction. Before Judge Lumpkin. Fulton county. May 27, 1895. On the petition of Holliday and Nichols, the judge granted an injunction restraining the city from removing the shade-trees standing at or near the margin of the sidewalk in front of plaintiffs’ property, on South Pryor street. It was conceded at the hearing that the fee in the street was not in the city. The petition, which was treated as an affidavit, sets forth the following.
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Injunction. Before Judge Lumpkin. Fulton county. May 27, 1895. On the petition of Holliday and Nichols, the judge granted an injunction restraining the city from removing the shade-trees standing at or near the margin of the sidewalk in front of plaintiffs’ property, on South Pryor street. It was conceded at the hearing that the fee in the street was not in the city. The petition, which was treated as an affidavit, sets forth the following. Dr. Thompson, under whom plaintiffs hold title, dedicated, before the city was incorporated, a right of way or public highway afterwards designated by the…
1Opinion of the Court
Atkinson, Justice.
The statement of facts contained in the official report is sufficient to a clear understanding of the questions made in this case.
*5531. A municipal corporation is a minor State. Through its proper officials, it exercises those attributes of sovereignty which the legislature, for the convenience of the State at large, in the administration of purely local affairs confers upon such a corporation. It possesses the power to legislate within certain boundaries touching the personal and property rights of citizens resident within its limits. It may tax or seize to public uses the…
2Cases cited1 opinion
- Castleberry v. City of AtlantaSupreme Court of Georgia · 1885
3Cited by38 opinions
- Nelson v. Spalding CountySupreme Court of Georgia · 1982
- City of Albany v. LippittSupreme Court of Georgia · 1941
- Vickers v. MotteCourt of Appeals of Georgia · 1964
- Partain v. MaddoxCourt of Appeals of Georgia · 1974
- City of Atlanta v. SteinSupreme Court of Georgia · 1900
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