Southern Express Co. v. Rose Co.
Supreme Court of Georgia
Mandamus. Before Judge Pendleton. Fulton superior court. June 7, 1905. On March 16, 1905, the mayor and council of the City of Law-renceville passed the following ordinance: “Be it ordained by the mayor and council of the City of Lawrenceville, Ga., that it shall be unlawful for any railroad company, any express company, or any other person or persons to deliver or cause to be delivered any package in the City of Lawrenceville, Ga., containing wine, whisky, beer, or any…
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Mandamus. Before Judge Pendleton. Fulton superior court. June 7, 1905. On March 16, 1905, the mayor and council of the City of Law-renceville passed the following ordinance: “Be it ordained by the mayor and council of the City of Lawrenceville, Ga., that it shall be unlawful for any railroad company, any express company, or any other person or persons to deliver or cause to be delivered any package in the City of Lawrenceville, Ga., containing wine, whisky, beer, or any other intoxicating liquors or whisky without first paying into the treasury of said city the sum of one thousand dollars per…
1Opinion of the CourtFish, C. J.
(After stating the facts.) 1. One of the contentions of the express company is, that the applicant for the writ of mandamus had an adequate and complete remedy at law by an action for damages, without resorting to the extraordinary writ of mandamus, and therefore the writ should have been denied. In support of this contention, the plaintiff in error cites Hutchinson on Carriers, §115b, to the effect that, “If the carrier refuses without lawful reason to accept and carry goods, the owner may maintain an action against the carrier for the damages sustained by such wrong*585ful refusal. This remedy…
2Cases cited9 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Hewin v. City of AtlantaSupreme Court of Georgia · 1905
- Albany Bottling Co. v. WatsonSupreme Court of Georgia · 1898
- Fears v. StateSupreme Court of Georgia · 1897
- Chicago, B. & Q. Ry. Co. v. Burlington, C. R. & N. Ry. Co.U.S. Circuit Court for the Southern District of Iowa · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Commonwealth v. MixerMassachusetts Supreme Judicial Court · 1910
- Publix-Lucas Theaters Inc. v. City of BrunswickSupreme Court of Georgia · 1949
- Successors of C. & J. Fantanzzi v. Municipal Assembly of ArroyoCourt of Appeals for the First Circuit · 1924
- Wofford Oil Co. v. City of BostonSupreme Court of Georgia · 1930
- Southern Railway Co. v. Atlanta Stove WorksSupreme Court of Georgia · 1907
23 more not listed; retrieve them via the Exa API.