Cobb v. Mayor of Dalton
Supreme Court of Georgia
Municipal corporations. Streets. Road's. Fines. Before Judge McCutchen. Whitfield Superior Court. April Term, 3874. James N. B. Cook brought ease against thé Mayor and Council’of the city of Dalton for $10,000 00 damages, alleged to have been sustained by him on account of the illegal arrest and imprisonment of his son, John V. Cobb, a minor.
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Municipal corporations. Streets. Road's. Fines. Before Judge McCutchen. Whitfield Superior Court. April Term, 3874. James N. B. Cook brought ease against thé Mayor and Council’of the city of Dalton for $10,000 00 damages, alleged to have been sustained by him on account of the illegal arrest and imprisonment of his son, John V. Cobb, a minor. The defendant pleaded the general issue, and justified upon the ground that the arrest of said minor was legal, it being for his failure to pay a fine properly imposed upon him. The evidence is unnecessary to an understanding of the decision. The jury…
1Opinion of the Court
Tripue, Judge.
Under the charter of the city of Dalton, the mayor and council have the same power to assess a fine for neglect to work on the streets, which the law vested in the commission*428ers of roads of a county to impose for failure to work the public roads of the county: See Cobb’s Digest, 948, and Code, section 619, as to the power of the county authorities. The act of 1865 and 1866, which is contained in said section, grants power to the commissioners of a county to imprison defaulters. The second section of the act of December 15, 1859, pamphlet, page 151, confers the power on the mayor…
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