Miller v. Savannah Fire Co.
Supreme Court of Georgia
In Equity, in Chatham Superior Court. Decision by Judge Fleming, at December Term, 1858. This was a bill filed by “ The Savannah Fire Company,” ' assuming to be a body corporate, against Alvin N. Miller, Gilbert Butler, and others.
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In Equity, in Chatham Superior Court. Decision by Judge Fleming, at December Term, 1858. This was a bill filed by “ The Savannah Fire Company,” ' assuming to be a body corporate, against Alvin N. Miller, Gilbert Butler, and others. The bill alleges that complainant was incorporated by an Act of the General Assembly of the State of Georgia, passed in December, 1834, and authorized to hold real and personal estate; and that the interest or income arising therefrom, should be applied to relieve the distresses of the members, &c That on the 4th November, 1853, the said Savannah Fire Company was…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
The members of the fire company all resigned,- and in their places, the City Council .appointed new members. If the Council had power to make this appointment, the plea was insufficient, and the decision' holding it insufficient was right. This is clear.
The question, therefore, is, did the Council have the power to make this appointment ? »
Whatever power the Council had on the subject was derived from the Act of 1834, “to incorporate the Fire Company of the City of Savannah,” the third section of which Act is in these words: “ That said…
2Cited by1 opinion
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