Sampson v. City of Thomasville

Court of Appeals of Georgia

Sampson v. City of Thomasville

87 S.E. 835, 17 Ga. App. 541, 1916 Ga. App. LEXIS 765

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1916

Docket7035

StatusPublished

Cited by2 cases

This text of 87 S.E. 835 (Sampson v. City of Thomasville) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sampson v. City of Thomasville, 87 S.E. 835, 17 Ga. App. 541, 1916 Ga. App. LEXIS 765 (Ga. Ct. App. 1916).

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Opinion

Broyles, J.

1. While the petition for certiorari alleged that the city had no ordinance prohibiting the offense which the accused was charged with, it at the same time set forth what it called an “alleged ordinance” of the city, which on its face appeared to be a valid ordinance and which did prohibit such offense. The presumption is that a municipal ordinance is valid, and the burden of establishing its invalidity is on the person asserting it. Moore v. Thomasville, 17 Ga. App. 285 (86 S. E. 641), and cases therein cited. In this case, the petitioner for certiorari did not overcome this presumption.

2. The evidence contained in the petition amply supported the defendant’s conviction; none of the exceptions to the judgment of the mayor were meritorious, and the judge of the superior court did not err in refusing to sanction the writ of certiorari. Judgment affirmed.

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Broyles, J.

1. While the petition for certiorari alleged that the city had no ordinance prohibiting the offense which the accused was charged with, it at the same time set forth what it called an “alleged ordinance” of the city, which on its face appeared to be a valid ordinance and which did prohibit such offense. The presumption is that a municipal ordinance is valid, and the burden of establishing its invalidity is on the person asserting it. Moore v. Thomasville, 17 Ga. App. 285 (86 S. E. 641), and cases therein cited. In this case, the petitioner for certiorari did not overcome this presumption.

2. The evidence contained in the petition amply supported the defendant’s conviction; none of the exceptions to the judgment of the mayor were meritorious, and the judge of the superior court did not err in refusing to sanction the writ of certiorari. Judgment affirmed.

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Bluebook (online)

87 S.E. 835, 17 Ga. App. 541, 1916 Ga. App. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sampson-v-city-of-thomasville-gactapp-1916.

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