Frank v. City of Atlanta
Supreme Court of Georgia
Municipal Corporations. Non-suit. Eminent Domain. Nuisance. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Jane Frank brought an action for damages against the city of Atlanta, alleging that she was the owner of a build ing situated in the center of a block in that city ; that on April 17,18S2, the mayor and general council passed the following resolution: “Whereas, the hoard of health has adjudged the building in the rear of No. — Decatur street, owned by…
Read the full summary
Municipal Corporations. Non-suit. Eminent Domain. Nuisance. Before Judge Hammond. Fulton Superior Court. October Term, 1883. Jane Frank brought an action for damages against the city of Atlanta, alleging that she was the owner of a build ing situated in the center of a block in that city ; that on April 17,18S2, the mayor and general council passed the following resolution: “Whereas, the hoard of health has adjudged the building in the rear of No. — Decatur street, owned by Mrs Jane Frank, a nuisance, and recommend that the same he removed; and, whereas, the same was erected in violation of…
1Opinion of the Court
Hall, Justice.
1. Had there been no disputed facts in this case, and had its determination depended solely upon questions of law, then it should have been disposed of on a motion for a non-suit. Frank vs. Atlanta Street Railroad Company, decided to-day.
We think the non-suit wrong in the present instance, because both questions of law and fact were involved in the issues made. •
Whether the mayor and general council of the city of Atlanta had authority, upon the report of its building inspectors and engineer, to destroy a building reported as unsafe, but which was not located on any street,…
2Cases cited3 opinions
- Parker v. Mayor of MaconSupreme Court of Georgia · 1869
- D'Antignac v. City Council of AugustaSupreme Court of Georgia · 1861
- Howe v. City of New OrleansSupreme Court of Louisiana · 1857
3Cited by26 opinions
- Department of Transportation v. City of AtlantaSupreme Court of Georgia · 1985
- City of Marietta v. SummerourSupreme Court of Georgia · 2017
- McCoy v. SandersCourt of Appeals of Georgia · 1966
- Georgia Railway & Power Co. v. Railroad CommissionSupreme Court of Georgia · 1919
- Bettey v. City of SidneyMontana Supreme Court · 1927
21 more not listed; retrieve them via the Exa API.