Haley v. Bailey

• Court: Supreme Court of Georgia
• Citation: 34 S.E.2d 685
• Docket Number: No. 15200.,15200.
• Parties: HALEY, Mayor, et al. v. BAILEY.
• Decision Date: 03 July 1945

34 S.E.2d 685

HALEY, Mayor, et al.
v.
BAILEY.

No. 15200.

Supreme Court of Georgia.

July 3, 1945.

[34 S.E.2d 685]Syllabus by the Court.

1. The motion to. dismiss the writ of error on the ground that the case has become moot is denied.

2. The facts demanded a judgment denying mandamus absolute.

Error from Superior Court, Dougherty County; Carl E. Crow, Judge.

Mandamus proceeding by J. M. Bailey against W. B. Haley, as Mayor of the City of Albany, and others, to require the Board of City Commissioners to revoke a liquor license granted to the defendant Frank S. Leggett. To review a judgment overruling the demurrers to the petition and granting mandamus absolute, the defendants bring error.

Reversed.

J. M. Bailey filed a mandamus proceeding against W. B. Haley, as mayor of the City of Albany, and M. B. Peacock, as mayor pro tern, of said city, and J. W. Bush, P. A. Keenan, C. M. Clark, C. M. Shackelford, and Jim Denson, as members of the board of city commissioners of the City of Albany, seeking to require the board of city commissioners to revoke a liquor license granted to Frank S. Leggett. Leggett was made a party defendant. The plaintiff alleged "that within 200 yards of said proposed retail liquor store, and within approximately 100 feet from said proposed liquor store at 312 South Monroe Street, Albany, Georgia, is a public school ground owned and operated by the City of Albany, Georgia, and its city board of education, and as a part of the colored schools located and situated on the south side of the City of Albany, Georgia." Demurrers to the petition, general and special, were filed. The demurrers were overruled; and after hearing evidence, the court granted mandamus absolute. The defendants in the court below except to the judgment overruling the demurrers, and to the judgment granting mandamus absolute.

A. N. Durden and Howell Cobb, both of Albany, for plaintiffs in error.

S. B. Lippitt, of Albany, for defendant in error.

WYATT, Justice.

1. The defendant in error moves to dismiss the writ of error on the ground that the case has become moot.

The bill of exceptions assigns error on the grant of a mandamus absolute directed against the defendants in the court below, dated March 21, 1945. No supersedeas was granted. In response to a citation for contempt, the city commissioners, on March 31, 1945, passed the following resolution: "Be it resolved by the board of city commissioners of the City of Albany, Georgia, and it is hereby resolved by authority of the same: Section 1. In compliance with and obedient to an order of the superior court of Dougherty County,

[34 S.E.2d 686]

Georgia, dated March 21, 1945, in the mandamus proceeding of J. M. Bailey vs. W. B. Haley, mayor, et al. the liquor license granted to Frank S. Leggett to operate a retail liquor store at 312 South Monroe Street, Albany, Georgia, is hereby rescinded and revoked. If the Supreme Court of Georgia reverses said order or grants a supersedeas in said case, said license shall be automatically reinstated." The judge of the superior court then signed the following order: "It appearing to the court that after the filing and service of the rule nisi in the contempt proceedings brought by J. M. Bailey, plaintiff, against the defendants in the above-stated case, that the defendants have complied with the thing sought to be compelled, the contempt proceedings in said case are dismissed with cost against the defendants."

It is argued that the case is now moot for the reason that the thing sought to be compelled, to wit, revoking the liquor license granted to Leggett, has been complied with. The basis for this argument is the judgment of the superior court, in which it is recited that the thing sought to be compelled has been complied with. When we examine the manner in which the compliance was had, we of necessity must look to the resolution of the city commissioners. When this is done, we find that in the event the case is reversed the exact previous status of all...