Town of East Rome v. City of Rome
Supreme Court of Georgia
Petition for injunction. Before Judge Wright. Floyd superior court. December 31, 1906.
1Opinion of the CourtCobb, P. J.
1. A municipal corporation can be sued only in the corporate name set forth in the charter. Town of Dexter v. Gay, 115 Ga. 765 (42 S. E. 94); Augusta Sou. Ry. Co. v. Tennille, 119 Ga. 804 (47 S. E. 179).
2. When the General Assembly, by an act incorporating a town, declares that it shall be “known and called the Town of East Rome,” and that the corporate name of said town shall be “The Mayor and Council of the Town of East Rome,” by which name it may sue and be sued, such a town can sue and be sued only in the name last referred to; and a suit brought in the name of “The Town of East Rome”…
2Cases cited3 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Town of Dexter v. GaySupreme Court of Georgia · 1902
- Augusta Southern Railway Co. v. City of TennilleSupreme Court of Georgia · 1904
3Cited by10 opinions
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- State Highway Department of Georgia v. REED, MAYORSupreme Court of Georgia · 1954
- Clemons v. OlshineCourt of Appeals of Georgia · 1936
- Bishop v. BrownSupreme Court of Georgia · 1912
- Gelders v. City of FitzgeraldSupreme Court of Georgia · 1910
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