Legal Opinion

Adams v. Mayor of Rome

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 9 opinions

Municipal corporations. Mortgage. Powers. Bonds. Tax. Before Judge Underwood. Eloyd Superior Court. January Adjourned Term, 1877. Adams and J. W. Bones, as trustees, filed their petition for the foreclosure of a mortgage given by the. mayor and council of the city of Rome, on the water-works in that city, to secure the payment of certain bonds and the coupons thereto attached.

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Municipal corporations. Mortgage. Powers. Bonds. Tax. Before Judge Underwood. Eloyd Superior Court. January Adjourned Term, 1877. Adams and J. W. Bones, as trustees, filed their petition for the foreclosure of a mortgage given by the. mayor and council of the city of Rome, on the water-works in that city, to secure the payment of certain bonds and the coupons thereto attached. Default in the payment of the interest had been made, and this proceeding was instituted under a request from certain bondholders, by the trustees under the mortgage. Rule nisi issued, and in answer thereto the…

1Opinion of the Court

Bleckley, Judge.

1. Touching the power to contract and to acquire ■ and dispose of property, the charter of the city of Rome has the extent indicated in the first head-note of this opinion. See acts of 1817, §§5 and 13, pamph. pp. 51, 52, 53. No further legislation was needed to enable the mayor and council, in their discretion, to have water-works erected. So it was ruled by this court in 28 Ga., 50. In 19 Ib., 471, an unlimited power to contract, granted to the mayor and council of Columbus, was decided tobe sufficient to warrant the corporation in paying its debts by parting with railroad…

2Cases cited35 opinions

  1. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  2. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  3. Hart v. BurnettCalifornia Supreme Court · 1860
  4. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  5. Heine v. Levee CommissionersSupreme Court of the United States · 1874

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3Cited by9 opinions

  1. Brockenbrough v. Board of Water CommissionersSupreme Court of North Carolina · 1903
  2. Aven v. Steiner Cancer Hospital Inc.Supreme Court of Georgia · 1939
  3. Warden v. City of GraftonWest Virginia Supreme Court · 1943
  4. Mayor of Athens v. CamakSupreme Court of Georgia · 1885
  5. Curry v. Mayor of SavannahSupreme Court of Georgia · 1879

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