Supreme Court of Georgia, 1932

Southeastern Electric Co. v. City of Atlanta

Supreme Court of Georgia · Decided September 19, 1932 · Russell

179 Ga. 514; 176 S.E. 400; 1932 Ga. LEXIS 366

Cases that cite this one

13 later published cases cite this decision.

RAFFENSPERGER v. JACKSON (And Vice Versa) (Ga. 2023)
People v. Hall (Mich. 1939)
JACKSON v. RAFFENSPERGER (Ga. 2020)
Jenkins v. Manry (Ga. 1961)
Gray v. City of Atlanta (Ga. 1935)
Lamons v. Yarbrough (Ga. 1949)
Sullivan v. Johnson (Ga. 1940)
Bramley v. State (Ga. 1939)
Richardson v. Coker (Ga. 1939)
Coker v. City of Atlanta (Ga. 1938)
Sharp-Boylston Co. v. Haldane (Ga. 1936)
Gray v. City of Atlanta (Ga. 1935)
Corley v. City of Atlanta (Ga. 1935)

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

Russell, C. J.

1. The petitioner as an electrical contractor was so affected by the operation of the ordinance involved in this case, pertaining to the business of electrical contracting, as authorized it to attack the ordinance on the ground of unconstitutionality.

2. The ordinance is discriminatory and violative of art. 1, sec. 1, par. 2, and art. 1, see. 1, par. 3, of the constitution of 1877, and of the due-process and equal-protection clauses of the Federal constitution.

3. The ordinance being unconstitutional, the court erred in sustaining the demurrer to the petition which attacked the constitutionality of the ordinance.

4. The petition as amended was not demurrable on the ground of insufficient verification.

Judgment reversed.

All the Justices concur, except Gilbert, J., who dissents. John I. Kelley and James R. Venable, for plaintiff. J. L. Mayson, G. S. Winn, and J. G. Savage, for defendants.

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