Mayor And Council Of v. Calhoun
Decision Date | 16 May 1918 |
Docket Number | (No. 639.) |
Citation | 95 S.E. 991,148 Ga. 132 |
Parties | MAYOR AND COUNCIL OF TOWN OF ARLINGTON et al. v. CALHOUN et al. |
Court | Georgia Supreme Court |
(Syllabus by the Court.)
Error from Superior Court, Early County; W. C. Worrill, Judge.
Mandamus by H. M. Calhoun and others against the Mayor and Council of the Town of Arlington and others. Plea to the jurisdiction overruled, mandamus absolute granted, and defendants except and bring error. Reversed.
H. M. Calhoun and six other plaintiffs, as residents and taxpayers of the town of Arlington, brought their petition for mandamus in the superior court of Early county, against "the Mayor and Council of the Town of Arlington, " the corporate name and style of the municipality, and against "B. M. Garrett, in his capacity as mayor of said municipal corporation, J. E. Martin, B. H. Askew, Jr., Y. W. Fudge, G. M. Lofton, and B. C. Ray, in their capacity as councilmen and aldermen of said municipal corporation, " al leging that the municipality, the mayor thereof, and one of the aldermen were residents of Early county, and the other aldermen were residents of Calhoun county; that on January 9, 1907, said municipality issued bonds to the amount of $25,000 for the purpose of installing, erecting, and maintaining a waterworks and electric light plant in said town; and that said bonds were in the denominations of $1,000 each, the first being payable on September 1, 1911, and one each year thereafter up to and including September 1, 1935. The petitioners sought mandamus absolute against the defendants, requiring them to set aside as a sinking fund certain amounts to be actually held for retirement of the bonds in question and for other purposes, and requiring them to levy and collect the tax for the year 1917, in addition to the tax provided for the year 1917, "to make up the sinking funds to the amount that each should be under the ordinances." Before pleading to the merits of the case the defendants entered their plea to the jurisdiction of the superior court of Early county, and alleged that this court was without jurisdiction, and that the superior court of Calhoun county had jurisdiction of the case, on the ground that at the time of the suit and until the hearing the defendants were residents of Calhoun county and not residents of Early county, for that, while the corporate limits of the town of Arlington extend into and embrace a part of Early county and the town is situated in the two counties of Calhoun and Early, the seat of government of the municipal corporation is located in Calhoun county, and has been since the town was created. A statement of facts, agreed upon as correct by both parties, was presented and read to the court on the hearing of the plea to the jurisdiction. The essential portions of that statement are as follows:
The court overruled the plea to the jurisdiction, and granted a mandamus absolute. To each of these rulings the defendants excepted.
B. W. Fortson, of Arlington, for plaintiffs in error.
L. M. Rambo, of Blakely, for defendants in error.
BECK, P. J. (after stating the facts as above). We are of the opinion that the court erred in overruling the plea to the jurisdiction in this case. Four of the aldermen of the town of Arlington were residents of Calhoun county; the...
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