Supreme Court of Georgia, 1902

Town of Dexter v. Gay

Supreme Court of Georgia · Decided June 11, 1902 · Cobb

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

Cases that cite this one

7 later published cases cite this decision.

Town of East Rome v. City of Rome (Ga. 1907)
State Highway Department of Georgia v. REED, MAYOR (Ga. 1954)
Storey v. Town of Summerville (Ga. 1924)
Thrasher v. Town of Center (Ga. Ct. App. 1910)
Fowler v. Rome Dispensary (Ga. Ct. App. 1908)
Mayfield v. City of College Park (Ga. Ct. App. 1917)
Augusta Southern Railway Co. v. City of Tennille (Ga. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.