Augusta Southern Railway Co. v. City of Tennille

Supreme Court of Georgia

Augusta Southern Railway Co. v. City of Tennille

47 S.E. 179, 119 Ga. 804, 1904 Ga. LEXIS 365

Supreme Court of Georgia·Decided March 29, 1904·Published·Cited by 6 cases

Opinion

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.

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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.

Augusta Southern Railway Co. v. City of Tennille, 47 S.E. 179, 119 Ga. 804, 1904 Ga. LEXIS 365 (Ga. 1904).

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