McMaster v. Mayor of Waynesboro
Supreme Court of Georgia
Petition for injunction. Before Judge Hammond. Burke superior court. November 12, 1904. The act approved December 15, 1893, provided, that the mayor and six aldermen should constitute a body corporate under the name of the Mayor and Council of Waynesboro, and by that name should be capable of suing and being sued.
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Petition for injunction. Before Judge Hammond. Burke superior court. November 12, 1904. The act approved December 15, 1893, provided, that the mayor and six aldermen should constitute a body corporate under the name of the Mayor and Council of Waynesboro, and by that name should be capable of suing and being sued. Charles W. Skinner, who was a member of said council, and other taxpayers of Waynesboro applied for an injunction, alleging that; under the act of July 29, 1904, an election had been held to determine whether the city should make a ten-year contract for electric-lights; that the…
1Opinion of the CourtLamar, J.
This was not a proceeding to enjoin payment or performance under a contract already signed; neither was it an effort to restrain the making of an illegal contract only. The prayer was, that the city should be restrained from “ making any contract whatsoever for electric lights with any person whomsoever.” This prayer was based not only on the allegation that a ten-year contract had not been authorized by a popular vote, but that the existing lighting equipment would be rendered valueless, and an increase of taxation result, if the city adopted the electric system. The business affairs of a…
2Cases cited3 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Glaze v. BogleSupreme Court of Georgia · 1898
- Arnett v. Board of CommissionersSupreme Court of Georgia · 1885
3Cited by12 opinions
- DeKalb County v. Georgia Paperstock Co.Supreme Court of Georgia · 1970
- Zepp v. Mayor & Council of the City of AthensSupreme Court of Georgia · 1986
- South Georgia Power Co. v. BaumannSupreme Court of Georgia · 1929
- Barr v. City Council of AugustaSupreme Court of Georgia · 1950
- Lawson v. City of MoultrieSupreme Court of Georgia · 1942
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