Floyd v. City of Bainbridge

Supreme Court of Georgia

Floyd v. City of Bainbridge

138 S.E. 851, 164 Ga. 316, 1927 Ga. LEXIS 183

CourtSupreme Court of Georgia

DecidedJune 18, 1927

DocketNo. 5673

StatusPublished

Cited by2 cases

This text of 138 S.E. 851 (Floyd v. City of Bainbridge) 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

Floyd v. City of Bainbridge, 138 S.E. 851, 164 Ga. 316, 1927 Ga. LEXIS 183 (Ga. 1927).

Pincite

Opinions

Per Curiam.

1. This case is controlled adversely to the plaintiff in error by the ruling made in City of Bainbridge v. Jester, 157 Ca. 505 (121 S. E. 798), in which case Eloyd, plaintiff in error in the present case, was a party. The same relief was sought in both cases, in the former by petition in equity and in this case by illegality.

2. In the prior decision above mentioned, the majority of the. court held the paving contract to be valid and binding, and that it became necessary for the complainant to pay or tender the amount actually due by such abutting-property owner.

3. We are requested to review and overrule the decision in Bainbridge v. Jester, supra. The request is denied.

Judgments, 34 C. J. p. 817, n. 84; p. 990, n. 45.

Municipal Corporations, 28 Cyc. p. 1187, n. 31.

Judgment affirmed.

All the Justices concur.

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