Heilbron v. Mayor of Cuthbert
Supreme Court of Georgia
Petition for injunction. Before .Judge Griggs. Randolph county. March 18, 1895. The injunction was sought to prevent the issuing and selling of bonds for the erection of water-works and electric lights for the city of Cuthbert. The court denied the injunction, save as to the issuance of any bonds in excess of $36,000, or seven per cent, of the taxable property of the city.
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Petition for injunction. Before .Judge Griggs. Randolph county. March 18, 1895. The injunction was sought to prevent the issuing and selling of bonds for the erection of water-works and electric lights for the city of Cuthbert. The court denied the injunction, save as to the issuance of any bonds in excess of $36,000, or seven per cent, of the taxable property of the city. It appears that the mayor and council passed an ordinance authorizing the mayor to call an election for the purpose of submitting to the qualified voters of the city the question whether $10,000 in bonds for the…
1Opinion of the Court
Lumpkin, Justice.
1. Hnder the 9th section of the charter of the city of Cutlibert (Acts of 1859, p. 149), the mayor and council of that city have authority to “contract and be contracted with; sue and be sued; . . and . .do all things for the benefit of the city, and all things not in violation of the constitution and laws of this State.” It is apparent, therefore, that the “general welfare clause” in this charter is very broad and liberal in its terms. That the, erection and maintenance of water-works and of an electric light plant would result in benefit to the city, is obvious. It was…
2Cases cited2 opinions
- Mayor of Rome v. CabotSupreme Court of Georgia · 1859
- Ford v. ThralkillSupreme Court of Georgia · 1889
3Cited by20 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Stern v. City of FargoNorth Dakota Supreme Court · 1909
- Overall v. City of MadisonvilleCourt of Appeals of Kentucky · 1907
- Burnett v. MaloneyTennessee Supreme Court · 1896
- City of Moultrie v. Colquitt County Rural Electric Co.Supreme Court of Georgia · 1955
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