Pruden v. Love
Supreme Court of Georgia
Municipal Corporations. Actions. Damages. Non-suit. NewTrial. Evidence. Before Judge Fain. Whitfield Superior Court. April Term, 1881. Love sued Pruden et al. for damages for pulling down a house of his in the city of Dalton. Defendants pleaded the general issue. On the trial the following facts, in brie.f, appeared: The defendants were the mayor and council of Dalton.
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Municipal Corporations. Actions. Damages. Non-suit. NewTrial. Evidence. Before Judge Fain. Whitfield Superior Court. April Term, 1881. Love sued Pruden et al. for damages for pulling down a house of his in the city of Dalton. Defendants pleaded the general issue. On the trial the following facts, in brie.f, appeared: The defendants were the mayor and council of Dalton. They notified Love that at a certain time and place they would pass upon the question whether his building was a nuisance or not. He attended the meeting and filed a plea. The case was continued until the next regular meeting…
1Opinion of the Court
Jackson, Chief Justice.
The jury found' for plaintiff against defendants one hundred dollars damages for pulling down the plaintiff’s house in the city of Dalton. Defendants pleaded to the action that they acted as mayor and council of Dalton in ordering the house pulled down as a public nuisance, and were not therefore liable as individuals, and made a motion for a new trial, which was overruled, and they excepted.
No complaint is made of the charge of the court, but the motion is based on the ground that the verdict is contrary to the evidence, the charge of the court and the law of the case.
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2Cases cited2 opinions
- Bishop & Parsons v. Mayor of MaconSupreme Court of Georgia · 1849
- Duke v. Mayor of RomeSupreme Court of Georgia · 1856
3Cited by13 opinions
- Calhoun v. LittleSupreme Court of Georgia · 1898
- Partain v. MaddoxCourt of Appeals of Georgia · 1974
- City of Thomson v. DavisCourt of Appeals of Georgia · 1955
- Foster v. CrowderCourt of Appeals of Georgia · 1968
- Davis v. JohnsonCourt of Appeals of Georgia · 1955
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