Legal Opinion

Walthour v. City of Atlanta

Supreme Court of Georgia

Decided December 11, 1923No. 3631PublishedCited by 10 opinions

Petition for injunction. Before Judge Ellis. Fulton superior court. January 26, 1923. Palmer Walthour brought an equitable petition against the City of Atlanta and H. L. Collier as chief of construction of the city, and alleged that he is the owner of a certain tract of land located at the intersection of South Ponce de Leon Avenue and Clifton Road or Avenue, the tract of land being lot 1 in block 8 of Druid Hills subdivision in land lot 240 of the 15th district of DeKalb…

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Petition for injunction. Before Judge Ellis. Fulton superior court. January 26, 1923. Palmer Walthour brought an equitable petition against the City of Atlanta and H. L. Collier as chief of construction of the city, and alleged that he is the owner of a certain tract of land located at the intersection of South Ponce de Leon Avenue and Clifton Road or Avenue, the tract of land being lot 1 in block 8 of Druid Hills subdivision in land lot 240 of the 15th district of DeKalb County, Georgia, the tract fronting 125 feet on the South side of Ponce de Leon Avenue and 735 feet on the East side of…

1Opinion of the CourtHill, J.

1. Tlie act of 1919 (Acts 1919, p. 821), which is an act to amend an act establishing a new charter for the City of Atlanta, approved Eebruarv 28, 1874, and the several acts amendatory thereof, and an ordinance passed by the mayor and general council of the City of Atlanta in pursuance thereof, authorizing- the paving of a certain street in said city, are not unconstitutional and void because, as contended, they are in conflict with paragraph 1 of section 4 of article 1 of the constitution of the State of Georgia (Civil Code of 1910, § 6391), in that the act of 1919 is a special law enacted…

2Cases cited6 opinions

  1. City of Valdosta v. HarrisSupreme Court of Georgia · 1923
  2. Nolan v. Central Georgia Power Co.Supreme Court of Georgia · 1910
  3. Georgia Railway & Electric Co. v. City of AtlantaSupreme Court of Georgia · 1916
  4. Horkan v. City of MoultrieSupreme Court of Georgia · 1922
  5. Aultman v. HodgeSupreme Court of Georgia · 1918

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. City of Bainbridge v. JesterSupreme Court of Georgia · 1924
  2. Durham v. StateSupreme Court of Georgia · 1928
  3. Hines v. EtheridgeSupreme Court of Georgia · 1931
  4. Fortson v. FortsonSupreme Court of Georgia · 1945
  5. City of Dawson v. BoltonSupreme Court of Georgia · 1928

5 more not listed; retrieve them via the Exa API.

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