Town of Dexter v. Gay

Supreme Court of Georgia

Town of Dexter v. Gay

42 S.E. 94, 115 Ga. 765, 1902 Ga. LEXIS 573

CourtSupreme Court of Georgia

DecidedJune 11, 1902

StatusPublished

Cited by7 cases

This text of 42 S.E. 94 (Town of Dexter v. Gay) 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

Town of Dexter v. Gay, 42 S.E. 94, 115 Ga. 765, 1902 Ga. LEXIS 573 (Ga. 1902).

Pincite

Opinion

Cobb, J.

1. A municipal corporation can be sued only in the corporate name-set forth in the charter.

2. When the General Assembly by an act incorporates “ a town under the name of the Town of Dexter,” and declares that the municipal government of such town shall be vested in a mayor and five aldermen, who shall be styled “ The Mayor and Aldermen of Dexter, and by that name are hereby made a body corporate,” andas such may sue and be sued, such town can be sued only in the corporate name last referred to, and a suit brought against the “ Town of Dexter ” should be dismissed on demurrer. ,

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

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