Georgia Power Company v. City of Cedartown

Grice, Justice.

This is a suit by a municipality seeking a declaratory judgment that an electric power company’s franchise to operate in the city is invalid for lack of authority of the city when it purported to grant such franchise. In its answer the power company, among other matters, asserted that the transaction whereby it had obtained the franchise was authorized by the city’s charter and also had been recognized and ratified by specified Acts of the General Assembly. The trial court overruled the power company’s demurrers to the municipality’s petition, sustained all except one of the…