Legal Opinion

Mayor of Savannah v. Monroe

Court of Appeals of Georgia

Decided May 14, 1918No. 9266PublishedCited by 10 opinions

Complaint; from Chatham superior court—Judge Meldrim. September 21, 1917.

1Opinion of the CourtLuke, J.

1. “When a party assumes a certain positión in.a legal proceeding, and succeeds in maintaining that position through a judgment of the court, or through the acquiescence of the opposite party to his prejudice, he will not thereafter be permitted to’assume «as to the same subject-matter and against the same adversary a contrary position.” Haber-Blum-Bloch Hat Co. v. Friesleben, 5 Ga. App. 123 (62 S. E. 712). See also Park’s Ann. Code, § 5736, and citations under catchwords, “Position” and “Admissions in judicio.”

2. The power of a municipal corporation to institute proceedings against and…

2Cases cited10 opinions

  1. Sims v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1905
  2. Cheney v. SelmanSupreme Court of Georgia · 1883
  3. Mayor of Savannah v. GraysonSupreme Court of Georgia · 1898
  4. Morris v. GloverSupreme Court of Georgia · 1905
  5. Haber-Blum-Bloch Hat Co. v. FrieslebenCourt of Appeals of Georgia · 1908

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

3Cited by10 opinions

  1. Burney v. Mayor of BostonCourt of Appeals of Georgia · 1919
  2. Hartford Accident & Indemnity Co. v. CohranCourt of Appeals of Georgia · 1962
  3. City Council of Augusta v. KillebrewCourt of Appeals of Georgia · 1950
  4. Hamilton v. StateCourt of Appeals of Georgia · 1920
  5. Mayor Council of Butler v. HortmanCourt of Appeals of Georgia · 1944

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

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