Legal Opinion

Marietta Chair Co. v. Henderson

Supreme Court of Georgia

Decided December 10, 1904PublishedCited by 48 opinions

Motion to revoke order of injunction. Before Judge Gober. Cobb superior court. February 1, 1904. Henderson brought an action against the Marietta Chair Company, to enjoin it from obstructing a portion of Hansell street, sometimes called McClellan street, in the City of Marietta.

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Motion to revoke order of injunction. Before Judge Gober. Cobb superior court. February 1, 1904. Henderson brought an action against the Marietta Chair Company, to enjoin it from obstructing a portion of Hansell street, sometimes called McClellan street, in the City of Marietta. The defendant claimed authority to obstruct,the street under a resolution, of the mayor and council, adopted on September 1, 1902, which relinquished all right in the street to the plaintiff and defendant respectively as the abutting landowners. At that time-there was no express legislative authority for the closing…

1Opinion of the CourtCobb, J.

1 — 4. In the absence of constitutional limitations the lawmaking power of the State is vested with plenary authority in reference to the public streets and highways. It may declare an existing street vacated without providing for the submission of the question to judicial inquiry. All questions necessary. to be determined in order to decide whether a street shall be vacated or abandoned and the interest of the public therein released are referred to the wisdom and discretion of the lawmaking power. McGee’s Appeal, 114 Pa. St. 470; State v. Huggins, 47 Ind. 586. In the absence of a…

2Cases cited29 opinions

  1. Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
  2. City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
  3. Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
  4. Haynes v. ThomasIndiana Supreme Court · 1855
  5. Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882

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3Cited by48 opinions

  1. Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
  2. Calvary Independent Baptist Church v. City of RomeSupreme Court of Georgia · 1951
  3. Estes v. EstesSupreme Court of Georgia · 1941
  4. Richards v. McHanSupreme Court of Georgia · 1912
  5. Town of Poulan v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1905

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

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