City of Warm Springs v. Bulloch

Supreme Court of Georgia

City of Warm Springs v. Bulloch

91 S.E.2d 13, 212 Ga. 149, 1956 Ga. LEXIS 284

CourtSupreme Court of Georgia

DecidedJanuary 10, 1956

Docket19148

StatusPublished

Cited by8 cases

This text of 91 S.E.2d 13 (City of Warm Springs v. Bulloch) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Warm Springs v. Bulloch, 91 S.E.2d 13, 212 Ga. 149, 1956 Ga. LEXIS 284 (Ga. 1956).

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Opinion

Head, Justice.

1. “The fixing of water rates, from time to time, by a municipality, is a legislative or governmental power, and one council may not, by contract or ordinance, deprive succeeding councils of this legislative or governmental power. Code § 69-202; Horkan v. Moultrie, 136 *150 Ga. 561, 563 (71 S. E. 785); Screws v. Atlanta, 189 Ga. 839, 843 (8 S. E. 2d 16); Barr v. City Council of Augusta [206 Ga. 750 (2), 58 S. E. 2d 208].” Barr v. City Council of Augusta, 206 Ga. 753 (58 S. E. 2d 823).

Argued November 14, 1955 Decided January 10, 1956. Geo. C. Kennedy, for plaintiff in error. W. 3. Allen, contra.

2. “Where one enters with a municipal corporation into a contract which is void because opposed to the constitution and laws of this State and contrary to its settled public policy, complete performance of such contract on the part of such person will not prevent the municipal corporation from pleading its want of power or the illegality of the contract.” City Council of Dawson v. Dawson Water Works Co., 106 Ga. 696, 697 (32 S. E. 907). See also Covington & Macon R. Co. v. Mayor &c. of Athens, 85 Ga. 367 (11 S. E. 663); City of Hogansville v. Farrell Heating &c. Co., 161 Ga. 780, 792 (132 S. E. 436); Anchor Duck Mills v. Maddox, 171 Ga. 495, 496 (156 S. E. 192); Barwick v. Roberts, 188 Ga. 655, 659 (4 S. E. 2d 664).

3. In Hall v. Mayor &c. of Calhoun, 140 Ga. 611 (79 S. E. 533), relied upon by the defendant in error, it was said that the Hall case was not in point on its facts with Horkan v. City of Moultrie, 136 Ga. 561 (71 S. E. 785), and similar cases. The Hall case is clearly distinguishable on its facts from the present case; but if in point, it would have to yield to older, full-bench decisions of this court.

4. The court erred in overruling the general demurrers to the petition.

Judgment reversed.

All the Justices concur.

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Head, Justice.

1. “The fixing of water rates, from time to time, by a municipality, is a legislative or governmental power, and one council may not, by contract or ordinance, deprive succeeding councils of this legislative or governmental power. Code § 69-202; Horkan v. Moultrie, 136 *150 Ga. 561, 563 (71 S. E. 785); Screws v. Atlanta, 189 Ga. 839, 843 (8 S. E. 2d 16); Barr v. City Council of Augusta [206 Ga. 750 (2), 58 S. E. 2d 208].” Barr v. City Council of Augusta, 206 Ga. 753 (58 S. E. 2d 823).

Argued November 14, 1955 Decided January 10, 1956. Geo. C. Kennedy, for plaintiff in error. W. 3. Allen, contra.

2. “Where one enters with a municipal corporation into a contract which is void because opposed to the constitution and laws of this State and contrary to its settled public policy, complete performance of such contract on the part of such person will not prevent the municipal corporation from pleading its want of power or the illegality of the contract.” City Council of Dawson v. Dawson Water Works Co., 106 Ga. 696, 697 (32 S. E. 907). See also Covington & Macon R. Co. v. Mayor &c. of Athens, 85 Ga. 367 (11 S. E. 663); City of Hogansville v. Farrell Heating &c. Co., 161 Ga. 780, 792 (132 S. E. 436); Anchor Duck Mills v. Maddox, 171 Ga. 495, 496 (156 S. E. 192); Barwick v. Roberts, 188 Ga. 655, 659 (4 S. E. 2d 664).

3. In Hall v. Mayor &c. of Calhoun, 140 Ga. 611 (79 S. E. 533), relied upon by the defendant in error, it was said that the Hall case was not in point on its facts with Horkan v. City of Moultrie, 136 Ga. 561 (71 S. E. 785), and similar cases. The Hall case is clearly distinguishable on its facts from the present case; but if in point, it would have to yield to older, full-bench decisions of this court.

4. The court erred in overruling the general demurrers to the petition.

Judgment reversed.

All the Justices concur.

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91 S.E.2d 13, 212 Ga. 149, 1956 Ga. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-warm-springs-v-bulloch-ga-1956.

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