Town of Wadley v. Lancaster
Supreme Court of Georgia
Complaint. Before ■ Judge Holden. Jefferson superior court. May 9, 1905. Lizzie 0. Lancaster brought suit against the town of Wadley, alleging as follows: On June 18, 1896, the defendant, acting through its intendant and aldermen, in pursuance of a resolution unanimously passed at a public mass meeting of citizens held for that purpose, purchased from Armstrong & Co., agents for a company dealing in apparatus for extinguishing fires, a quantity of such apparatus for the…
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Complaint. Before ■ Judge Holden. Jefferson superior court. May 9, 1905. Lizzie 0. Lancaster brought suit against the town of Wadley, alleging as follows: On June 18, 1896, the defendant, acting through its intendant and aldermen, in pursuance of a resolution unanimously passed at a public mass meeting of citizens held for that purpose, purchased from Armstrong & Co., agents for a company dealing in apparatus for extinguishing fires, a quantity of such apparatus for the total sum of $1,200. Of the purchase price $200 was paid in cash, and five notes for $200 each, payable annually, were…
1Opinion of the Court
LüMPKIN, J.
(After stating the facts.) The constitution declares that no municipality shall incur any new debt, except for a temporary loan or loans to supply casual deficiencies of revenue, without the assent of two thirds of the qualified voters thereof, at an election for that purpose, to be held as may be prescribed by law. Art. 7, sec. 7, par. 1, Civil Code, §5893. To do so is to. violate the constitution and to incure a debt illegally. For a municipal corporation to purchase a fire-engine and apparatus, paying a part of the purchase-money in cash and giving notes for the balance payable…
2Cases cited8 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Dorsett v. GarrardSupreme Court of Georgia · 1890
- Cartersville Improvement, Gas & Water Co. v. Mayor of CartersvilleSupreme Court of Georgia · 1892
- Black v. CohenSupreme Court of Georgia · 1874
- Hudson v. Mayor of MariettaSupreme Court of Georgia · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Horkan v. City of MoultrieSupreme Court of Georgia · 1911
- Jones v. Bank of CummingSupreme Court of Georgia · 1908
- Commercial Trust Co. of Hagerstown v. Laurens CountsDistrict Court, S.D. Georgia · 1920
- Town of Climax v. BurnsideSupreme Court of Georgia · 1920
9 more not listed; retrieve them via the Exa API.