Kirtland v. Mayor of Macon
Supreme Court of Georgia
New Trial. Municipal Corporations. Estoppel. Before Judge SIMMONS. Bibb Superior Court. AprilTerm, 1880. By the act of 1857, the mayor and council of Macon were empowered, in cases of encroachments upon its streets, to remove the same, or to permit'and sanction them for a fair and reasonable compensation, having regard to the interests of property-holders to be affected thereby.
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New Trial. Municipal Corporations. Estoppel. Before Judge SIMMONS. Bibb Superior Court. AprilTerm, 1880. By the act of 1857, the mayor and council of Macon were empowered, in cases of encroachments upon its streets, to remove the same, or to permit'and sanction them for a fair and reasonable compensation, having regard to the interests of property-holders to be affected thereby. In the same year the municipal authorities agreed to allow the holders of property on a certain portion of Spring street to encroach thereon forty feet, in consideration of making certain improvements; this was done,…
1Opinion of the Court
JACKSON, Chief Justice.
This cause was submitted to the court on law and facts without the interven'tion of a jury; the judgment rendered on the whole case was for the defendants; it is sought to set it aside and have a new hearing solely on the ground that the verdict or judgment is contrary to law and evidence ; on the motion for a new trial on that ground alone, the court again decided against the complainant, and to that judgment he excepts.
Without regard to any other legal question made in the case, it is clear that if the city had the authority to make the lease, the equity of this…
2Cases cited3 opinions
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- Vason v. South Carolina RailroadSupreme Court of Georgia · 1871
- Kirtland v. Mayor of MaconSupreme Court of Georgia · 1879
3Cited by4 opinions
- Daly v. Georgia Southern & Florida RailroadSupreme Court of Georgia · 1888
- Perkins v. Mayor of MadisonSupreme Court of Georgia · 1932
- Vandiviere v. AndersonSupreme Court of Georgia · 1947
- Dannenberg v. Mayor of MaconSupreme Court of Georgia · 1901