Wright v. Overstreet
Supreme Court of Georgia
Petition for injunction. Before Judge Daley. Screven superior court. December 14, 1904. The petition was by a citizen and taxpayer of Screven county, for an injunction to prevent the county treasurer from paying county funds to Overstreet as judge and to others as officers and jurors, under the act of December 15, 1902, entitled “ An act to establish the city court of Sylvania,” etc.
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Petition for injunction. Before Judge Daley. Screven superior court. December 14, 1904. The petition was by a citizen and taxpayer of Screven county, for an injunction to prevent the county treasurer from paying county funds to Overstreet as judge and to others as officers and jurors, under the act of December 15, 1902, entitled “ An act to establish the city court of Sylvania,” etc. (Acts 1902, p. 162); the petition alleging that the act is unconstitutional and void, for the following reasons: (a) At the time of its final reading and passage there was no City of Sylvania, and therefore no…
1Opinion of the CourtCandeeb, J.
1. “ Where a town was reincorporated as a city by an act which repealed all conflicting laws, the territory embraced within the town thereafter became a city, notwithstanding the fact that the act granting a charter to the town had not been expressly repealed. The effect of the act incorporating the.city was to repeal, by necessary implication, the charter of the town.” Mattox v. State, 115 Ga. 212 (4).
2. ‘it is within the power of the General Assembly to confer upon the city all the powers granted to the town in its charter, by a simple enactment to the effect that all laws and ordinances of…
2Cases cited1 opinion
- Mattox v. StateSupreme Court of Georgia · 1902
3Cited by4 opinions
- Santee Mills v. QuerySupreme Court of South Carolina · 1922
- Harbuck v. Richland Box CompanySupreme Court of Georgia · 1951
- Lyles v. McCownSupreme Court of South Carolina · 1909
- County of Butts v. StrahanSupreme Court of Georgia · 1921