Daniel v. Smith
Cases that cite this one
1 later published case cites this decision.
- City of Hogansville v. Daniel (Ga. Ct. App. 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
1. Although the charter of a city may confer upon the municipal authorities the right to pave streets in such municipality, nevertheless the municipality can not assess and collect the cost of such pave- ■ ment, or any part thereof, upon the owner of abutting property unless that power and authority, in addition to the power to pave the streets, is given expressly or by necessary implication in the charter of the city. 11 Enc. Dig. Ga. R. 741.
2. Nor will the passage of an ordinance subsequently to the completion of the work of paving authorize the municipality to collect from abutting property owners the cost of the paving or any part thereof, or estop the property owners from attacking the assessment.
3. The judge erred in denying the prayers of the petition.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.