Cooney v. City of Atlanta

The plaintiff in error filed a petition against the City of Atlanta and its marshal, to enjoin the city from further proceeding with the levy of a fi. fa. for street improvements. The injunction was refused, and, on writ of error to this court, the judgment was affirmed. 136 Ga. 118 (70 S. E. 950). When the remittitur was made the judgment of the court, the plaintiff amended by alleging that the city had entered into a contract with certain contractors (who were made parties defendant) to pave a portion of the street in front of his property with wooden blocks, which contract contained the…