Panlos v. Stephenson, 19920
| Decision Date | 10 February 1958 |
| Docket Number | No. 19920,19920 |
| Parties | George C. PANLOS et al. v. J. W. STEPHENSON, Jr., et al. |
| Court | Georgia Supreme Court |
Sidney T. Schell, Wendell J. Helton, Atlanta, for plaintiff in error.
Henry G. Crawford, College Park, for defendant in error.
Syllabus Opinion by the Court
In their own behalf and in behalf of all others similarly situated, the plaintiffs brought a suit for injunctive relief in the Superior Court of Fulton County against the defendants in their respective official capacity as Mayor and Councilmen of the City of College Park. The petition alleges that the plaintiffs reside in and are property owners of a described area which the General Assembly purportedly annexed to the incorporated territory of the City of College Park by an act passed at its regular session in 1957 (Ga.L.1957, p. 2883); and that the defendants are, pursuant to the provisions of the aforesaid act, undertaking to enforce various acts of municipal control over them and their property. It is also alleged in the petition that the act of 1957 is null and void, and therefore unenforceable, because it offends enumerated provisions of Georgia's Constitution of 1945. The petition was dismissed on general demurrer, and the exception is to that judgment. Held:
1. There is no merit in the contention that the act of 1957 which amended the charter of the City of College Park by extending its corporate limits is unconstitutional, and therefore null and void, because it violates that part of article 3, section 7, paragraph 8 of the Constitution of 1945 (Code Ann. § 2-1908), which provides that the General Assembly shall pass no law containing matter different from what is expressed in the title thereof. The title or caption of the act reads: 'An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled 'An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescibe their powers and duties, and for other purposes', and the several acts amendatory thereof, and for other purposes.' In Tison v. City of Doerun, 155 Ga. 367, 372, 116 S.E. 615, 617, it was said: And in Town of Poulan v. Atlantic Coast Line R. Co., 123 Ga. 605, 609(4), 51 S.E. 657, 659, in ruling on the sufficiency of the title of an act, it was held: 'An act to amend an act incorporating a named town in sufficiently broad to cover any enactment germane to the general subject of incorporating a town.' For like rulings, see Swiney v. City of Forest Park, 211 Ga. 154, 84 S.E.2d 573, and the cases there...
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Smith v. Abercrombie
...that was given was sufficient to put the citizens on notice about the subject matter of the proposed enactment. See Panlos v. Stephenson, 213 Ga. 816, 102 S.E.2d 165 (1958). In Walker Electrical Co. v. Walton, 203 Ga. 246, 46 S.E.2d 184 (1948), the notice advised that the Act creating the C......
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