Toney v. Mayor of Macon
Supreme Court of Georgia
' Petition for injunction. Before Judge Felton. Bibb superior court. September 29, 1903. Toney and other citizens residing in the territory which by the act of August 12, 1903, was annexed to the City of Macon, filed ■ an equitable petition seeking to enjoin the Mayor and Council of Macon from taking control' of that territory, or from exercising any powers under the act, alleging: (1) that it is void because by previous acts in 1863 and 1900 it had been provided that the…
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' Petition for injunction. Before Judge Felton. Bibb superior court. September 29, 1903. Toney and other citizens residing in the territory which by the act of August 12, 1903, was annexed to the City of Macon, filed ■ an equitable petition seeking to enjoin the Mayor and Council of Macon from taking control' of that territory, or from exercising any powers under the act, alleging: (1) that it is void because by previous acts in 1863 and 1900 it had been provided that the boundaries of Macon might be enlarged with the consent of those affected thereby, whereas the act in question enlarged the…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) 1, 2. The act of April 18,. 1863 (Acts 1862 — 3, p. 189) and the act of December 13, 1900 (Acts 1900, p. 336), permitting contiguous territory to be annexed to the City of Macon with the consent of the mayor and council and those living iu the new territory, did not deprive the legislature of its inherent power to enlarge the corporate limits without the consent of those affected thereby. Civil Code, § 1835; Chancy v. Hooser, 9 B. Mon. 330. Besides, the act repeals all existing laws providing for an extension of the corporate limits. Nor is it variant from…
2Cases cited12 opinions
- Kelly v. PittsburghSupreme Court of the United States · 1881
- Mayor of Americus v. PerrySupreme Court of Georgia · 1902
- Railroad Co. v. RichmondSupreme Court of the United States · 1878
- Reid v. Mayor of EatontonSupreme Court of Georgia · 1888
- Elliott v. StateSupreme Court of Georgia · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- State v. City of MiamiSupreme Court of Florida · 1931
- White v. City of AtlantaSupreme Court of Georgia · 1910
- Whittle v. JonesSupreme Court of Georgia · 1944
- Wall v. Board of ElectionsSupreme Court of Georgia · 1978
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