Legal Opinion

Hawkins v. Intendant

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 19 opinions

Injunction. Officers. Tax. Municipal corporations. Before Judge Hillyer. Clayton County. At Chambers. .April 22,1879. Report unnecessary.

1Opinion of the Court

Bleckley, Justice.

1. The local legislation applicable to the case.is found in acts of 1872, p. 217, and acts of 1876, p. 150. This legis*528lation confines the right to vote for town officers to the registered voters. There was no registry, and yet an election was held for intendant and commissioners, and certain persons were elected by the votes cast. Their predecessors in office yielded to their supposed right; the new board entered upon and exercised their functions under color of the-election, and were thus in actual possession of the corporate franchises. They were never ousted or displaced.…

2Cases cited1 opinion

  1. Gilbert & Scott v. MarshallSupreme Court of Georgia · 1876

3Cited by19 opinions

  1. Atlanta National Building & Loan Ass'n v. StewartSupreme Court of Georgia · 1900
  2. City of Tampa v. KaunitzSupreme Court of Florida · 1897
  3. State v. Western & Atlantic R.Supreme Court of Georgia · 1911
  4. Kirk v. BraySupreme Court of Georgia · 1935
  5. Verdery v. Village of SummervilleSupreme Court of Georgia · 1888

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