Littlejohn v. Stells
Supreme Court of Georgia
Habeas corpus. Before Judge Gober. Cobb superior court. March 25, 1905. Littlejohn applied for a writ of habeas corpus, to be directed. to Stells, alleging that the latter was holding him in custody in violation of law.
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Habeas corpus. Before Judge Gober. Cobb superior court. March 25, 1905. Littlejohn applied for a writ of habeas corpus, to be directed. to Stells, alleging that the latter was holding him in custody in violation of law. At the hearing it appearéd that the applicant had been arraigned in the police court of the City of Marietta, •charged with selling liquor on Sunday in violation of an ordinance of which the following is a copy: “ Be it ordained by the City 'Council of Marietta, that from and after the passage of this ordinance it shall be unlawful for any person to sell in any quantity,…
1Opinion of the CourtCobb, J.
1, 2. It is well settled that a municipal corporation can not by ordinance provide for the punishment of an act which constitutes a criminal offense under the general law of the State, in the absence of express legislative authority conferring this power upon the municipality. Moran v. Atlanta, 102 Ga. 840. Prior to the adoption of the present constitution the General Assembly could confer this power upon municipalities either by general or special law. Hood v. Von Glahn, 88 Ga. 405. The present constitution prohibits the General Assembly from passing special laws upon this subject. Aycock v.…
2Cases cited6 opinions
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Moran v. City of AtlantaSupreme Court of Georgia · 1898
- Russell v. TatumSupreme Court of Georgia · 1898
- Grant v. CampSupreme Court of Georgia · 1898
- Aycock v. Town of RutledgeSupreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Loeb v. JenningsSupreme Court of Georgia · 1910
- Jenkins v. JonesSupreme Court of Georgia · 1953
- Johnson v. SmithSupreme Court of Georgia · 1971
- Callaway v. MimsCourt of Appeals of Georgia · 1908
- Pierpont Mfg. Co. v. Mayor of SavannahSupreme Court of Georgia · 1922
17 more not listed; retrieve them via the Exa API.