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Augusta Southern Railway Co. v. City of Tennille

Augusta Southern Ry. Co. v. City of Tennille, 47 S.E. 179 (Ga. 1904)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
March 29, 1904
Judges
Turner
Citations
47 S.E. 179119 Ga. 8041904 Ga. LEXIS 365
Summary
Petition. Before Judge Holden. Washington superior court. 'March 5,1903.

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

Opinion of the Court — Turner

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

Turner, J.

1! The act of December 15,1900, incorporating the City of Tennille, in express terms declares that no suit shall be brought against that municipality save in its corporate name, to wit: “The City of Tennille.” Acts of 1900, p. 448. sec. 3.

2. It follows that a petition brought, apparently, with a view to seeking relief ■ as against that municipal corporation, but in which process is prayed against the “Mayor and Council of the City of Tennille, a corporation,” is not maintainable. Boon v. Mayor & Council of Jackson, 98 Ga. 490 ; Town of Dexter v. Gay, 115 Ga. 765 . Judgment affirmed.

All the Justices concur.

How later courts describe this case

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

1904: 11907: 11908: 11910: 11924: 11954: 119042026peak 1904 · 1

Relies on it most ⓘ

  1. State Highway Department of Georgia v. REED, MAYOR84 S.E.2d 561 (Ga. 1954)
  2. Town of East Rome v. City of Rome58 S.E. 854 (Ga. 1907)
  3. Storey v. Town of Summerville123 S.E. 139 (Ga. 1924)
  4. Fowler v. Rome Dispensary62 S.E. 660 (Ga. Ct. App. 1908)
  5. Thrasher v. Town of Center69 S.E. 36 (Ga. Ct. App. 1910)
  6. Rhodes v. City of Louisville49 S.E. 681 (Ga. 1904)

Most recent

  1. State Highway Department of Georgia v. REED, MAYOR84 S.E.2d 561 (Ga. 1954)
  2. Storey v. Town of Summerville123 S.E. 139 (Ga. 1924)
  3. Thrasher v. Town of Center69 S.E. 36 (Ga. Ct. App. 1910)
  4. Fowler v. Rome Dispensary62 S.E. 660 (Ga. Ct. App. 1908)
  5. Town of East Rome v. City of Rome58 S.E. 854 (Ga. 1907)
  6. Rhodes v. City of Louisville49 S.E. 681 (Ga. 1904)

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 2

DepthCaseCited by
Boon v. Mayor of Jackson, 25 S.E. 518 (Ga. 1896) 7
Town of Dexter v. Gay, 42 S.E. 94 (Ga. 1902) 7

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