Legal Opinion

Mayor of Cuthbert v. Conly

Supreme Court of Georgia

Decided January 15, 1861Published

Equity, in Randolph Superior Court. Decision made by Judge Perkins, at the May Term, 1860. The facts and questions exhibited by the record in this ease, are as follows, to-wit: By an Act of the General Assembly of Georgia, approved the 17th of December, 1859, the power and authority to grant license to retail spirituous liquors within the corporate limits of the city of Cuthbert, in the county of Randolph, were Vested in the mayor and councilmen of said city.

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Equity, in Randolph Superior Court. Decision made by Judge Perkins, at the May Term, 1860. The facts and questions exhibited by the record in this ease, are as follows, to-wit: By an Act of the General Assembly of Georgia, approved the 17th of December, 1859, the power and authority to grant license to retail spirituous liquors within the corporate limits of the city of Cuthbert, in the county of Randolph, were Vested in the mayor and councilmen of said city. On the 31st day of December, 1859, William G. Conly filed his oath and bond with the Clerk of the Inferior Court, and obtained a…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

A bill was filed by the defendant against the mayor and council of the city of Cuthbert, praying an injunction against the said authorities from prosecuting him for retailing spirituous liquors under their ordinance. The injunction was granted, and this order is excepted to, and now assigned as error.

The facts are as follows: The Legislature, on the 17th of December, 1859, conferred upon the corporate authorities of the city of Cuthbert the power to regulate retail licenses in that city. The defendant claims that he took out license from the…

2Cases cited2 opinions

  1. Floyd v. CommissionersSupreme Court of Georgia · 1853
  2. Mayor of Rome v. LumpkinSupreme Court of Georgia · 1848

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