Brake v. Mayor of Macon
Supreme Court of Georgia
Municipal corporations. Railroads. Bonds. Indorsement. Before Judge Hill. Bibb county. At Chambers. October 10th, 1874. Green J. Blake and others, residents and tax-payers of the city of Macon, filed their bill against the mayor and council of the city of Macon and the Macon Street Railroad Company, alleging that under an act of the general assembly, the said street railroad company proceeded to construct its road and has been running it -for two years or more; that said…
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Municipal corporations. Railroads. Bonds. Indorsement. Before Judge Hill. Bibb county. At Chambers. October 10th, 1874. Green J. Blake and others, residents and tax-payers of the city of Macon, filed their bill against the mayor and council of the city of Macon and the Macon Street Railroad Company, alleging that under an act of the general assembly, the said street railroad company proceeded to construct its road and has been running it -for two years or more; that said company is a private corporation and in no way connected with the mayor and council of the city of Macon; that said city…
1Opinion of the Court
McCay, Judge.
1. The broadest power to the corporation bearing upon the authority to make the indorsement sought to be-enjoined, is the amended charter, act of 1871, ¡¡age 121. ■ That act authorizes the city to “subscribe to stock in railroads,” if it does so at all, by implication only, and perhaps the true construction of it would be that even if there were to be a special grant to subscríbelo such stock it could only be done by a vote of the peopde as there prescribed. But admitting that this act, by implication, confers the power, it by no means follows that under a power to “subscribe…
2Cited by8 opinions
- City of Valdosta v. SingletonSupreme Court of Georgia · 1944
- Aven v. Steiner Cancer Hospital Inc.Supreme Court of Georgia · 1939
- Screws v. City of AtlantaSupreme Court of Georgia · 1940
- Aiken v. ArmisteadSupreme Court of Georgia · 1938
- Morris v. City Council of AugustaSupreme Court of Georgia · 1946
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