Spencer v. City of Clarkesville

59 S.E. 274, 129 Ga. 627, 1907 Ga. LEXIS 533
CourtSupreme Court of Georgia
DecidedNovember 18, 1907
StatusPublished
Cited by9 cases

This text of 59 S.E. 274 (Spencer v. City of Clarkesville) 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
Spencer v. City of Clarkesville, 59 S.E. 274, 129 Ga. 627, 1907 Ga. LEXIS 533 (Ga. 1907).

Opinion

Fish, C. J.

(After stating the facts.)

1. The general assignment of error made in the bill of exceptions can bring under review only the two rulings of the court made pending the hearing, one upon the demurrer and the other as to the burden of proof, on which error was properly assigned. [630]*630Lyndon v. Georgia Railway & Electric Co., ante, 354; Stewart v. Marietta Trust & Banking Co., ante, 417.

2. The demurrer was property overruled. The answer of the city admitted all the allegations of the petition, and the petition sufficiently met every requirement of the act of December 6, 1897' (Acts 1897, p. 82; Van, Epps’ Code Supp. §6075). That act specifies what the petition in such a case should set forth, and the petition in this case embraced all of the allegations therein specified.

3. Nor did the court err in ruling" that the burden of proof was upon the intervenors. A prima facie case in favor of the valiclation of the bonds was made out by the pleadings; and in Epping v. Columbus, 117 Ga. 263, it was held: “One who intervenes and interposes an objection to 'the validation of bonds, which rests upon matters which do not appear in the pleadings, but are dependent for their existence upon aliunde evidence, carries the burden of introducing evidence to substantiate the truth of his allegations.”

It follows from the foregoing that the judgment must be

Affirmed.

All the Justices concur.

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185 S.E. 577 (Court of Appeals of Georgia, 1936)
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King v. Board of Education
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Edwards v. City of Clarkesville
133 S.E. 45 (Court of Appeals of Georgia, 1926)
Brown v. City of Atlanta
109 S.E. 666 (Supreme Court of Georgia, 1921)
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Cite This Page — Counsel Stack

Bluebook (online)
59 S.E. 274, 129 Ga. 627, 1907 Ga. LEXIS 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-city-of-clarkesville-ga-1907.