Legal Opinion
O'Neal v. Town of Whigham
Supreme Court of Georgia
Decided February 14, 1950No. Nos. 16975, 16990PublishedCited by 3 opinions
1Opinion of the Court
Wyatt, Justice.
Much is said in the briefs in this case as to whether or not the Malt Beverage Act of 1935 (Ga. L. 1935, p. 73) had the effect of repealing sec. 4, Ga. L. 1907, p. 970,. which prohibited the sale of beer in the Town of Whigham, and also as to the validity of the excise tax. This case must be decided before reaching either of these questions.
“The illegal sale of intoxicating liquors is a public nuisance, affecting the whole community in which the sale is carried on, and may be abated by process instituted in the name of the State.” Lofton v. Collins, 117 Ga. 434 (3) (43 S. E.…
2Cases cited4 opinions
- Lofton v. CollinsSupreme Court of Georgia · 1903
- Walker v. McNellySupreme Court of Georgia · 1904
- Bagby v. BowenSupreme Court of Georgia · 1935
- Dispensary Commissioners v. HooperSupreme Court of Georgia · 1907
3Cited by3 opinions
- Fulton County v. City of AtlantaSupreme Court of Georgia · 2016
- Barresi v. BrowneSupreme Court of Georgia · 1970
- City of Atlanta v. Atlanta Independent School SystemSupreme Court of Georgia · 2016