Bacon v. Mayor of Savannah
Supreme Court of Georgia
Illegality. Statutes. Municipal corporations. Streets. Assessments. ' Constitutional law. Before Judge Falligant. Chatham superior court. June term, 1890. Bacon interposed an affidavit of illegality to the levy of an execution against him issued by the city for the amount assessed against him for his proportion of the cost of paving, grading and otherwise improving Liberty street with asphalt in front of and abutting on his real estate.
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Illegality. Statutes. Municipal corporations. Streets. Assessments. ' Constitutional law. Before Judge Falligant. Chatham superior court. June term, 1890. Bacon interposed an affidavit of illegality to the levy of an execution against him issued by the city for the amount assessed against him for his proportion of the cost of paving, grading and otherwise improving Liberty street with asphalt in front of and abutting on his real estate. For the present report, the grounds of this affidavit are sufficiently indicated in the decision. A motion to dismiss the affidavit, on the ground that it…
1Opinion of the Court
Bleckley, Chief Justice.
1. The ordinance for improving Liberty street rests directly on the act of 1887, but the remedy by execution for enforcing the assessments made on abutting property is derived from the act of 1885. See Acts of 1887, p. 537 ; Acts of 1884-5, p. 862. From the terms of the 5th section of the later act it would seem that the provisions of the earlier act in relation to remedy were intended to be brought forward and made applicable to improvements authorized by the later act itself, or rather, by any ordinance passed in pursuance of the authority which it confers on the…
2Cases cited1 opinion
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
3Cited by13 opinions
- Georgia Railroad & Banking Co. v. Town of DecaturSupreme Court of Georgia · 1912
- McGilvery v. City of LewistonIdaho Supreme Court · 1907
- Burckhardt v. City of AtlantaSupreme Court of Georgia · 1898
- Bacon v. Mayor of SavannahSupreme Court of Georgia · 1898
- City of Camilla v. CochranSupreme Court of Georgia · 1925
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