Wright v. Overst.

• Court: Georgia Supreme Court
• Writing for the Court: CANDLER
• Citation: Wright v. Overst., 122 Ga. 633, 50 S.E. 487 (Ga. 1905)
• Decision Date: 27 March 1905
• Parties: WRIGHT et al. v. OVERSTREET et al.

122 Ga. 633

50 S.E. 487

WRIGHT et al.

v.OVERSTREET et al.

Supreme Court of Georgia.

March 27, 1905.

CITY—INCORPORATION—POWERS—STATUTES— TIME OF TAKING EFFECT.

1. "Where a town was reincorporated as a city by an act which repealed all conflicting laws, the territory embraced within the town thereafter became a city, notwithstanding the fact that the act granting a charter to the town had not been expressly repealed. The effect of the act incorporating the city was to repeal by necessary implication the charter of the town." Mattox v. State, 41 S. E. 709. 115 Ga. 212 (4).

2. It is within the power of the General Assembly to confer upon the city all the powers granted to the town in its charter by a simple enactment to the effect that all laws and ordinances of force at the time of the passage of the act, and all powers belonging to the town corporation, are to belong to the city as provided by the town charter.

3. As a general rule, acts of the General Assembly take effect from the date of their approval by the Governor; and where two bills were passed by the Legislature, one dependent for its validity upon the, prior enactment of the other, it is immaterial in what order they were introduced or put upon their final passage, so long as executive approval of the two bills was had in such an order of priority as to make them both effective.

4. For...