Brumby v. Board of Lights & Waterworks
Supreme Court of Georgia
Equitable petition. Before Judge Searcy. Cobb superior court. April 35, 1917. B. G-. Brumby brought his petition against the Board of Lights and Waterworks of Marietta, hereinafter referred to as the board, the Kennesaw Paper Company and’ William Niller, its trustee and alleged owner (hereinafter referred to as the Niller Company), and E. P. Dobbs; and alleged substantially as follows: The board is an auxiliary corporation of the City of Marietta, created for the purpose of…
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Equitable petition. Before Judge Searcy. Cobb superior court. April 35, 1917. B. G-. Brumby brought his petition against the Board of Lights and Waterworks of Marietta, hereinafter referred to as the board, the Kennesaw Paper Company and’ William Niller, its trustee and alleged owner (hereinafter referred to as the Niller Company), and E. P. Dobbs; and alleged substantially as follows: The board is an auxiliary corporation of the City of Marietta, created for the purpose of installing and operating a waterworks and electric-light system for the city and the citizens and consumers within its…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The third ground of the demurrer of Niller, trustee, raises the question whether the plaintiff has such an interest in the subject-matter of this suit as entitles him to bring this action, or to any of the relief prayed for. The petition alleges that the plaintiff is -a citizen and taxpayer of the City of Marietta, and sets out in detail the grounds for the relief sought. Taking as true the facts alleged, as we must on demurrer, the plaintiff has such an interest in the subject-matter of the suit as entitles him to bring it. He is a taxpayer of the city,…
2Cases cited4 opinions
- East Atlanta Land Co. v. MowerSupreme Court of Georgia · 1912
- Renfroe v. City of AtlantaSupreme Court of Georgia · 1913
- Portwood v. HuntressSupreme Court of Georgia · 1901
- Savannah, Florida & Western Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1901
3Cited by22 opinions
- O'Jay Spread Co. v. HicksSupreme Court of Georgia · 1937
- Benton v. TurkSupreme Court of Georgia · 1939
- Aiken v. ArmisteadSupreme Court of Georgia · 1938
- Morris v. City Council of AugustaSupreme Court of Georgia · 1946
- Travelers Indemnity Co. v. HoodCourt of Appeals of Georgia · 1964
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