Supreme Court of Georgia, 1902

Town of Dexter v. Gay

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

Town of Dexter v. Gay

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.

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