Murphy v. Mayor of Waycross
Supreme Court of Georgia
Municipal corporation. Statute. Before Judge Sweat. Ware county. At chambers. Injunction was prayed for by Murphy, a citizen and tax-payer, to restrain the sale of bonds issued by the Mayor and Council of the City of Waycross, for the purpose of building a system of water-works, sewers, etc., for that city, under an election held on December 21, 1889, at which more than two thirds of the votes cast were in favor of the issuance.
Read the full summary
Municipal corporation. Statute. Before Judge Sweat. Ware county. At chambers. Injunction was prayed for by Murphy, a citizen and tax-payer, to restrain the sale of bonds issued by the Mayor and Council of the City of Waycross, for the purpose of building a system of water-works, sewers, etc., for that city, under an election held on December 21, 1889, at which more than two thirds of the votes cast were in favor of the issuance. The injunction was denied, and the plaintiff excepted. The petition alleges that on March 3, 1874, the legislature incorporated the Town of Waycross, and the…
1Opinion of the Court
*37 Judgment affirmed.
The answer alleges that the act of September 19, 1889, was in effect an amendment of the then existing charter of the Town of Waycross, and confei’red power and authority upon the mayor and council to carry the same into effect if they had exercised it even before the passage of the act of 1889, by which the town was reincorporated as the City of Waycross; that this last act went into effect and became operative upon its passage, and the then mayor and council were vested with unquestioned authority to carry at once into effect the act of September 19, 1889; and it is…
2Cited by4 opinions
- Lee v. TuckerSupreme Court of Georgia · 1908
- Mason v. StateCourt of Appeals of Georgia · 1907
- Mayor of Smithville v. Dispensary CommissionersSupreme Court of Georgia · 1906
- English v. SmithSupreme Court of Georgia · 1926