City of Sylvania v. Hilton
Supreme Court of Georgia
Injunction. Before Judge Rawlings. Screven superior court. April 14, 1905. - L. H. Hilton filed his. equitable petition against the mayor and council and marshal of the City of Sylvania, alleging as follows: Under the act of February 20,1875 (Acts 1875, p. 186), the town of Sylvania, which had been chartered under the general laws of the State, and located in the county of Screven, was reincorporated.to be governed and controlled by sections 774 to 797, inclusive, of the…
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Injunction. Before Judge Rawlings. Screven superior court. April 14, 1905. - L. H. Hilton filed his. equitable petition against the mayor and council and marshal of the City of Sylvania, alleging as follows: Under the act of February 20,1875 (Acts 1875, p. 186), the town of Sylvania, which had been chartered under the general laws of the State, and located in the county of Screven, was reincorporated.to be governed and controlled by sections 774 to 797, inclusive, of the Code (now sections 684 to 710 of the Political Code of 1895); and under an act of the legislature approved December 12,…
1Opinion of the CourtLumpkin, J.
(After statiug the facts.) Some of the evidence introduced by both sides was incompetent, such as statements that ’“it was the understanding of deponent, and he thought that it was the understanding of other members of council,” etc.; and *759that “said ordinance meant,” etc. The substantial question, however, is whether the ordinance was so clear and unambiguous as not to require the aid of extrinsic evidence for its construction, or whether resort could be had to .evidence that other buildings had been erected similar in character to this one, without objection on the part of the municipal…
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