Legal Opinion

Marshall v. County of Floyd

Supreme Court of Georgia

Decided April 14, 1916PublishedCited by 6 opinions

Petition for injunction. Before Judge Wright. Floyd superior court. July 14, 1915. W. A. Marshall and others, for themselves and those similarly situated, alleging themselves to be residents and taxpayers of Floyd county, brought their equitable petition against the County of Floyd, the Board of Commissioners of Roads and Revenues of the county, the Haelcedorm Contracting Company and the Hardaway Contracting Company, alleging in brief, as follows: Under the provisions of the…

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Petition for injunction. Before Judge Wright. Floyd superior court. July 14, 1915. W. A. Marshall and others, for themselves and those similarly situated, alleging themselves to be residents and taxpayers of Floyd county, brought their equitable petition against the County of Floyd, the Board of Commissioners of Roads and Revenues of the county, the Haelcedorm Contracting Company and the Hardaway Contracting Company, alleging in brief, as follows: Under the provisions of the act approved August 15, 1914 (Acts 1914, p. 271), which is an act relating to the control of three certain bridges…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. We are of the opinion that the court erred in refusing the injunction. In the first place, we do not think that the county authorities and the contractors could proceed with this work until the suit brought by the Borne Bailway & Light Company in the United States court had been disposed of. The title of the act approved August 15, 1914, and referred to in the statement of facts, is as follows: “An act to vest in Floyd County full and complete title, jurisdiction over, and control of the following bridges within the City of Borne in Floyd County,…

2Cases cited7 opinions

  1. Daniels v. Intendant & WardensSupreme Court of Georgia · 1876
  2. Almand v. Atlanta Consolidated Street Railway Co.Supreme Court of Georgia · 1899
  3. Board of Commissioners v. MayorSupreme Court of Georgia · 1914
  4. Commissioners of Polk County v. Mayor of CedartonSupreme Court of Georgia · 1900
  5. Blocker v. StateMississippi Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Lee County v. Mayor of SmithvilleSupreme Court of Georgia · 1922
  2. Howard v. City of AtlantaSupreme Court of Georgia · 1940
  3. Bush v. City of GainesvilleCourt of Appeals of Georgia · 1962
  4. Mitchell County v. CochranSupreme Court of Georgia · 1926
  5. Wood v. ShoreSupreme Court of Georgia · 1925

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