Hudson v. Mayor of Marietta
Supreme Court of Georgia
Constitutional law. Municipal corporations. Injunction. Before Judge Lester. Cobb County. At Chambers. May 7, 1879. Certain citizens of Marietta, Hudson et al., filed their bill against the municipal authorities to restrain them from incurring any debt in exchanging a hand fire-engine for a steam one.
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Constitutional law. Municipal corporations. Injunction. Before Judge Lester. Cobb County. At Chambers. May 7, 1879. Certain citizens of Marietta, Hudson et al., filed their bill against the municipal authorities to restrain them from incurring any debt in exchanging a hand fire-engine for a steam one. It was alleged that the council had discussed the question of making an exchange, and had passed a resolution calling an election for the purpose of assenting or dissenting to the same; that the ballots were marked exchange” and “ no exchange,” and that two-thirds of the votes cast were in favor…
1Opinion of the Court
Jackson, Justice.
The sole question in this case is, can the city of Marietta, since the adoption of the constitution of 1877, make a new debt except as provided for in that constitution ? ¥e think not, under the plain provisions of that fundamental law.
In the 7th section of the 7th article of the constitution of 1877, these words appear : “ and no such county, municipality, or division, shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one-fiftli of one per centum of the assessed value of the taxable property therein,…
2Cited by11 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Holt v. ParsonsSupreme Court of Georgia · 1903
- Irvin v. GregorySupreme Court of Georgia · 1891
- Lewis v. LofleySupreme Court of Georgia · 1894
- Walsh v. City Council of AugustaSupreme Court of Georgia · 1881
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