METCALFE v. CITY OF DECATUR

22536.

220 Ga. 160 (1964)

137 S.E.2d 659

METCALFE et al. v. CITY OF DECATUR.

Supreme Court of Georgia.

Decided July 9, 1964.


Attorney(s) appearing for the Case

David H. Ansley, for plaintiffs in error.

B. Hugh Burgess, Eugene Cook, Attorney General, contra.


DUCKWORTH, Chief Justice.

Since counsel has expressly abandoned the constitutional attacks upon the charter because it fails to require notice, thus denying due process, we render no decision thereon but only consider the merits of the remaining allegations of the petition.

While there has been some statutory authority for the filing of cases in equity, Code §§ 92-6803, 92-6807; Hardin v. Reynolds, 189 Ga. 534 (6 S.E.2d 328), to dispute...

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