Monk v. City of Moultrie
Supreme Court of Georgia
Petition for injunction. Before Judge Thomas. Colquitt superior court. July 3, 1915. On an interlocutory hearing of an equitable petition, from the allegations thereof and those of the answer and the agreed statement of facts upon which the case was tried, the following appeared: On February 33, 1914, the City of Moultrie had in its treasury $35,694, the proceeds of the sale of bonds amounting to $35,000, with premium of $694. These bonds had been duly authorized, under a…
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Petition for injunction. Before Judge Thomas. Colquitt superior court. July 3, 1915. On an interlocutory hearing of an equitable petition, from the allegations thereof and those of the answer and the agreed statement of facts upon which the case was tried, the following appeared: On February 33, 1914, the City of Moultrie had in its treasury $35,694, the proceeds of the sale of bonds amounting to $35,000, with premium of $694. These bonds had been duly authorized, under a previous election, for the purpose of paving the streets of the city. On the date mentioned the city entered into a…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. As to the first contention, under the facts the giving of the note by the city was not a creation of a debt falling within the constitutional prohibition relied on by the plaintiffs. The city, at the time of executing the contract for the improvements of its streets, designated by ordinances of April 7 and 21, had in its treasury cash, derived from the sale of bonds legally issued for the improvement of its streets, largely in excess of the amount required for the payment of its proportionate share of the cost of such improvements contracted for. And…
2Cases cited3 opinions
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- McCord v. City of JacksonSupreme Court of Georgia · 1910
- Wilson v. GastonSupreme Court of Georgia · 1914
3Cited by13 opinions
- City of Valdosta v. HarrisSupreme Court of Georgia · 1923
- Central of Georgia Railway Co. v. WrightSupreme Court of Georgia · 1927
- Mayor of Washington v. FaverSupreme Court of Georgia · 1923
- Citizens Bank v. Rockdale CountySupreme Court of Georgia · 1922
- Tietjen v. Mayor of SavannahSupreme Court of Georgia · 1925
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