City of Atlanta v. First Methodist Church
Supreme Court of Georgia
Injunction. lies- adjudicata.. Practice. Before Judge Marshall J. Clarke. Fnlton superior court. March, term, 1889. For report of the facts, only reference to 76 Ga. 182, is necessary. After that decision, there was a trial before a jury; and after the introduction of evidence by both sides, the judge directed a verdict in favor of the church trustees.
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Injunction. lies- adjudicata.. Practice. Before Judge Marshall J. Clarke. Fnlton superior court. March, term, 1889. For report of the facts, only reference to 76 Ga. 182, is necessary. After that decision, there was a trial before a jury; and after the introduction of evidence by both sides, the judge directed a verdict in favor of the church trustees. That such direction was erroneous, and that the verdict was contrary to law. and evidence, were the grounds of a motion for a new trial made by the city. The overruling of this motion was excepted to.
1Opinion of the Court
Blandford, Justice.
"When this case was here before, it having been brought here by the defendants in error, (76 Ga. 181,) the main question decided and adjudicated by this court as a question of law was, that the city of Atlanta *449had no authority, under its charter or the amendments thereto, to issue executions against property of the defendants in error for assessments' made by the city for improvements in paving the public street alongside of' such property, it appearing that the property thus assessed, and against which the executions were issued, was used exclusively by the defendants in…
2Cases cited2 opinions
- Board of Comm'rs of Tippecanoe Cty. v. LucasSupreme Court of the United States · 1876
- Trustees of the First Methodist Episcopal Church, South v. City of AtlantaSupreme Court of Georgia · 1886
3Cited by22 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Bryant v. StateSupreme Court of Georgia · 1944
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- Murphey v. HarkerSupreme Court of Georgia · 1902
- Georgia Railway & Power Co. v. Town of DecaturSupreme Court of Georgia · 1922
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