Legal Opinion

Morgan v. Mayor of Cohutta

Supreme Court of Georgia

Decided June 9, 1904PublishedCited by 4 opinions

Certiorari. Before Judge Fite. Whitfield superior court. December 16, 1903. '

1Opinion of the CourtSimmons, C. J.

1. An appeal to a jury in a justice’s court from a judgment against a municipal corporation must be entered in the name of the corporation.

2. Where, therefore, in such ease an individual, W., described as mayor pro tém. of the corporation, recited in the appeal bond (which was signed by W., “mayor pro tem.”) that, being dissatisfied with the judgment, he entered “his” appeal, this was not an appeal by the corporation, and should have been dismissed even though the corporation’s name appeared in the caption as party to the original case, and W., as mayor pro tem. of the corporation, for the…

2Cases cited1 opinion

  1. Morgan v. PriorSupreme Court of Georgia · 1900

3Cited by4 opinions

  1. Vanderford v. StateSupreme Court of Georgia · 1906
  2. Head v. Marietta Guano Co.Supreme Court of Georgia · 1906
  3. Dixon v. HollimanCourt of Appeals of Georgia · 1927
  4. Lee & Anderson v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1907

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