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Carruth v. Wagener

Carruth v. Wagener, 40 S.E. 700 (Ga. 1902)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
February 7, 1902
Judges
Lewis
Citations
40 S.E. 700114 Ga. 7401902 Ga. LEXIS 781
Summary
Petition for injunction. Before Judge Pite. Bartow superior court. December 5, 1901.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lewis

Text extracted by OCR from a scanned original; check the original for exact wording.

Lewis, J.

1. County authorities have the power to contract solely for the building of the foundations for a court-house, if the money necessary to pay for the work is in the county treasury from a tax levy for that purpose, or if there has been a tax levied for that purpose during the year in which the contract was made ; and this is true regardless of whether the county has or has not made a complete contract for the erection of the entire structure. Manly Building Co. v. Newton, 114 Ga. 245 .

2. On all questions of fact involved in this case the evidence was conflicting, and the discretion of the trial judge in refusing the injunction will not be disturbed.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1907: 21916: 11925: 119072026peak 1907 · 2

Relies on it most ⓘ

  1. Tietjen v. Mayor of Savannah129 S.E. 653 (Ga. 1925)
  2. Dunn v. O'neill88 S.E. 190 (Ga. 1916)
  3. Gaines v. Dyer58 S.E. 175 (Ga. 1907)
  4. Wright v. Floyd County58 S.E. 72 (Ga. Ct. App. 1907)

Most recent

  1. Tietjen v. Mayor of Savannah129 S.E. 653 (Ga. 1925)
  2. Dunn v. O'neill88 S.E. 190 (Ga. 1916)
  3. Gaines v. Dyer58 S.E. 175 (Ga. 1907)
  4. Wright v. Floyd County58 S.E. 72 (Ga. Ct. App. 1907)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Manly Bldg. Co. v. Newton, 40 S.E. 274 (Ga. 1901) 20

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