City Council of Augusta v. Lassiter

187 S.E. 270, 54 Ga. App. 122, 1936 Ga. App. LEXIS 469

• Court: Court of Appeals of Georgia
• Decided: July 10, 1936
• Docket: 25213
• Status: Published

Opinion

Jenkins, P. J.

1. In this suit against a municipality, for unpaid salary on account of the alleged unlawful discharge of the plaintiff before the expiration of the alleged period of employment, the court directed a verdict for the plaintiff and refused a new trial, as in City Council of Augusta v. King, ante, 111 (187 S. E. 268), and City Council of Augusta v. Kelly, 53 Ga. App. 589 (186 S. E. 222). The ordinances involved in the alleged contract of employment and the discharge of the plaintiff being identical, or essentially alike, and the exceptions presenting similar questions, the instant ease is controlled by those decisions adversely to the contentions of the municipality. See also City Council of Augusta v. Widener, 51 Ga. App. 365 (180 S. E. 364), and Elliott v. Augusta, 49 Ga. App. 568 (176 S. E. 548), upon which those decisions were partly based. All of the exceptions being without merit, the court did not err in refusing a new trial.

Decided July 10, 1936. William, T. Gary, O. Wesley Killelrew, for plaintiff in error. Hammond, Kennedy & Kennedy, contra.

2. “This case does not appear to have been brought to this court for delay, only, and the motion to assess damages for this reason is denied.” City Council of Augusta v. King, supra.

Judgment affirmed.

Sutton, J., concurs. Stephens, J., dissents.