Mayor of Savannah v. Weed
Supreme Court of Georgia
Affidavit of illegality. Before Judge Falligant. Chatham superior court. December term, 1894. An execution against Joseph D. Weed was levied for the amount assessed against his property as its part of the cost of paving and otherwise ■ improving Bull street in Savannah; and he filed an affidavit of illegality. The issue thereby made was submitted, upon an agreement as to facts, to the judge without a jury, and he sustained the affidavit and dismissed the execution.
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Affidavit of illegality. Before Judge Falligant. Chatham superior court. December term, 1894. An execution against Joseph D. Weed was levied for the amount assessed against his property as its part of the cost of paving and otherwise ■ improving Bull street in Savannah; and he filed an affidavit of illegality. The issue thereby made was submitted, upon an agreement as to facts, to the judge without a jury, and he sustained the affidavit and dismissed the execution. The ordinance of February 3, 1892, under which the improvement was made, was adopted under an act of the legislature, approved…
1Opinion of the Court
Atkinson, Justice.
The official report states fully the facts upon which the questions of law involved in this case depend.
1. By an act of the General Assembly, approved Oc*676tober 1st, 1887 (see Acts 1887, p. 537), the Mayor and Aldermen of the City of Savannah were authorized “to adopt at any time an ordinance requiring the grading, paving, macadamizing or otherwise iriiproving for travel or drainage any of the streets or lanes of said city, and to assess two thirds of the cost of such paving, grading, macadamizing and otherwise improving, on the real estate abutting on each side of the street…
2Cited by12 opinions
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- Town of Danville v. PaceSupreme Court of Virginia · 1874
- Kaplan v. Mayor of MaconSupreme Court of Georgia · 1915
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