City Council v. Sweeney
Supreme Court of Georgia
Constitutional law. Officers. Vested Rights. Before Judge Gibson. Richmond Superior Court, June Term, 1870. An ordinance of the city of Augusta required its City Council to elect, biennally, on the second Saturday in January, a hospital physician, who should have charge of the City Hospital. His salary was to be “ sueh as Council may annually annex to the office.” This ordinance provided for his removal from office for malpractice, etc., as other officers might be removed.
Read the full summary
Constitutional law. Officers. Vested Rights. Before Judge Gibson. Richmond Superior Court, June Term, 1870. An ordinance of the city of Augusta required its City Council to elect, biennally, on the second Saturday in January, a hospital physician, who should have charge of the City Hospital. His salary was to be “ sueh as Council may annually annex to the office.” This ordinance provided for his removal from office for malpractice, etc., as other officers might be removed. In January, 1868, Dr.-Sweeney was elected hospital physician under this ordinance. The salary was then $1,200 00, but in…
1Opinion of the Court
McCay, Judge.
It is only in a very loose sense that the relation between the holder of an office and the public can be said to be one of contract. ' One of the very first ingredients of a contract is wanting, to-wit: that of mutuality. The officer may, at any time, resign, move away, or die, and the public has no remedy. So, too, the public may, at any time, discharge the incumbent, provided that discharge is within the power under the law of the public agent who makes the discharge. The public al ways acts through agents, and those agents only have such powers as the public has conferred upon…
2Cited by26 opinions
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
- People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
- Gray v. McLendonSupreme Court of Georgia · 1910
- Collins v. RussellSupreme Court of Georgia · 1899
- Town of Decatur v. DeKalb CountySupreme Court of Georgia · 1908
21 more not listed; retrieve them via the Exa API.