Derst Baking Co. v. City of Clanton

Supreme Court of Georgia

Derst Baking Co. v. City of Clanton

170 Ga. 526

CourtSupreme Court of Georgia

DecidedMay 16, 1930

DocketNo. 7388

StatusPublished

This text of 170 Ga. 526 (Derst Baking Co. v. City of Clanton) 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.

Bluebook

Derst Baking Co. v. City of Clanton, 170 Ga. 526 (Ga. 1930).

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Opinion

Hill, J.

The ordinance being attacked upon the ground that it was invalid, and the trial judge in his order and judgment stating that the ordinance is excessive and discriminatory, but basing his judgment denying an injunction on the ground that the plaintiff had an adequate remedy at law, and the ground upon which the court put its decision not being sound in law, it is ordered that the judgment be reversed, and the case be remanded to the court below to pass upon the validity of the ordinance. Judgment reversed.

All the Jusiiees eoneur. B. H. Burroughs, for plaintiff. E. G. Elmore and P. M. Anderson, for defendant.

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Hill, J.

The ordinance being attacked upon the ground that it was invalid, and the trial judge in his order and judgment stating that the ordinance is excessive and discriminatory, but basing his judgment denying an injunction on the ground that the plaintiff had an adequate remedy at law, and the ground upon which the court put its decision not being sound in law, it is ordered that the judgment be reversed, and the case be remanded to the court below to pass upon the validity of the ordinance. Judgment reversed.

All the Jusiiees eoneur. B. H. Burroughs, for plaintiff. E. G. Elmore and P. M. Anderson, for defendant.

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Bluebook (online)

170 Ga. 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derst-baking-co-v-city-of-clanton-ga-1930.